1. Of the judgment of the first instance, the part of the claim for nullification of the appointment of D as D as D’s representative is revoked, and the above part is revoked.

In the first instance trial, the Plaintiff sought the confirmation of invalidity of the management rules publicly announced by the Defendant on April 17, 2015, ② the confirmation of invalidity of the resolution that the Defendant was reappointed as the president of the council of occupants’ representatives on April 30, 2015, ③ the confirmation of invalidity of the resolution that the Defendant appointed C, D, and E as their respective representatives on April 28, 2015.

The judgment of the first instance court rejected the above (1) claims for nullification, (2) the above claims are dismissed, and (3) the above claims for nullification are accepted.

Since only the defendant appealed against the judgment of the court of first instance, the subject of the judgment of this court is limited to the claim for nullification confirmation of the above three.

The facts below are without dispute between the parties, or are recognized by considering the whole purport of the pleadings as a whole in each of the statements in Gap evidence 2-2, 3, and Gap evidence 3-2 through 4, Eul evidence 3-5, 9, 12 (including a serial number; hereinafter the same shall apply).

[1] The defendant is a non-corporate body comprised of four representatives of 115 households of B apartment located in Seoul Special Metropolitan City, Nowon-gu (hereinafter "the apartment of this case").

On April 20, 2006, the Plaintiff is an occupant who completed the resident registration of the above apartment 101 Dong 206.

The relevant provisions of the Management Rules for Multi-Family Housing (hereinafter referred to as the "previous Management Rules") of the instant apartment that had been enforced before amendment on April 17, 2015 are as follows:

[Original Management Rules] Article 3 (Definition of Terms)

1. The term "occupant" means the owner of multi-family housing, or his/her spouse or lineal ascendants or descendants representing the owner;

2. The term "user" means a person other than an occupant, who leases and uses multi-family housing;

3. The term "occupants, etc." means occupants and users;

8. The term "re-election" shall include all forms in which the term of office begins continuously and the term of office is not continuous, after completing the relevant term of office;

Article 10 (Rights of Occupants, etc.)

1. Occupants, etc. shall be prescribed by the Housing Act and subordinate statutes;