1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant alleged the claim against the plaintiff.

1. The reasoning of the court’s explanation as to this case is as stated in the part of the judgment of the first instance, except for the addition of the judgment according to the following Paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Addition of judgment

A. Even if there is a defect in the dismissal of the main defense of this case, the Plaintiff was dismissed again on December 8, 2017, which later, and thus, the instant lawsuit seeking nullification of the dismissal of this case is a dispute over the past legal relations and there is no interest in litigation.

B. Determination 1) In a case where the general meeting held again after a resolution of dismissal of an officer was adopted at a certain general meeting, or where the resolution of dismissal was adopted again at the general meeting held again, barring any special circumstance, such as where the resolution of the general meeting held again is invalid due to a defect in the past, seeking confirmation of invalidity of the previous resolution of dismissal is merely seeking confirmation of legal relations or legal relationship in the past (see, e.g., Supreme Court Decision 201Da6920, Jan. 27, 2012). 2) The Plaintiff asserted that the above resolution of the general meeting held on December 8, 2017 by the Defendant’s assertion is null and void due to its defect, and thus, there are special circumstances deemed null and void.

First of all, there is no dispute between the parties that the defendant decided to dismiss the plaintiff on December 8, 2017.

In addition, if Gap evidence Nos. 13 and 14 (including each number), Eul evidence Nos. 10 and 11 were to show the overall purport of the pleadings, the instant election commission, upon the request of the council of occupants' representatives, shall carry out the voting for dismissal of the representative of the 108 apartment building of this case from December 6, 2017 to 20:00 (Provided, That the voting shall be conducted from 08:0 to 20:00 on the following day to 20:00 on the time when the on-site voting is not held until 20:00 on the voting day, and the voting shall be conducted by extending it until the majority voting is held).