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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of the lawsuit is indicated as the representative of the plaintiff.
Reasons
1. Basic facts
A. The related plaintiff is the representative council of occupants representing 40 households of Jung-gu Incheon Metropolitan Government A Apartment (hereinafter "the apartment of this case"), and the defendants are the occupants of the apartment of this case.
B. A lawsuit relating to the Plaintiff’s representative status was filed from around 2009 to June 19, 2012, H was a person who was the Plaintiff’s representative, and due to the increase in the management expenses per household, the residents of the instant apartment. At the Plaintiff’s election conducted on June 19, 2012, under the arbitration of the Jung-gu Incheon Metropolitan City Office, I was elected as the representative. While I demanded H to deliver all documents, such as the original copy of the management account of the instant apartment, it was refused by H, but the Plaintiff (the current representative I) won the lawsuit claiming H to request for delivery of documents (the Supreme Court Decision 2013Ga7970). 2) A appealed appealed against the said judgment as the Seoul High Court 2014Na23722, during the appellate trial, and the Plaintiff and the president were to be newly elected between the Plaintiff and H in a fair and fair manner.
3) On December 14, 2015, G was elected as the Plaintiff’s representative by running as a sole candidate in an election implemented according to the above conciliation (hereinafter “instant election”).
(4) However, I filed a lawsuit against the Plaintiff seeking confirmation of the absence of a representative status of G as Incheon District Court 2015Gahap59722, and on July 7, 2016, the instant election of this case, which was duly registered as a candidate, issued a public notice of election to J without obtaining a candidate qualification, and that the election of G was unlawful and invalid.
(hereinafter “instant judgment.” The Plaintiff appealed the said judgment but was sentenced to a judgment dismissing the appeal, and thereafter, the appeal was dismissed by Supreme Court Decision 2017Da202852 Decided March 17, 2017.