1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 2012, the Plaintiff was elected as the fourth Dong representative (term: from September 1, 2012 to August 31, 2014) of Gangseo-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”), and was elected as the chairperson of the Defendant at the council of occupants’ representatives comprised of the Plaintiff, C (101 Dong representative), D (101 Dong representative), and E (102 Dong representative).

B. On July 26, 2013, the Defendant held the same voting for the dismissal of the Plaintiff’s representative.

C. On July 27, 2013, the Defendant publicly announced that the Plaintiff was dismissed from the Dong Representative with the consent of a majority of the residents of 102 Dong, and that the Defendant was dismissed from the Dong Representative, thereby losing the Defendant’s position as the Chairperson.

(hereinafter “Dismissal of this case”). 【No dispute exists on the ground of the dismissal of this case” (hereinafter “instant dismissal”), Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 42, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The term of office of the Plaintiff’s fourth Dong representative and the Defendant’s president was expired on August 31, 2014.

In addition, when applying the Enforcement Decree of the Housing Act and the management rules of the apartment of this case, Dong representative may be reappointed only once. Since the plaintiff has already been reappointed once, it cannot be elected as Dong representative and the chairperson of the defendant.

Therefore, it cannot be deemed that there is a benefit in confirming the dismissal of the Plaintiff.

B. In full view of the following circumstances acknowledged by adding Gap evidence Nos. 2 and Eul evidence Nos. 42 to the basic facts, the lawsuit of this case seeking confirmation of invalidity of the dismissal of this case is not for removing the plaintiff's present rights or legal status, but for seeking confirmation of past legal relations, and it is reasonable to deem that there is no benefit in confirmation.

Therefore, the defendant's defense prior to the merits is justified.

(1) The term of office of officers of the council of occupants' representatives is the same as that of the representative.