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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a management body consisting of all sectional owners of the building B in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”).
The Plaintiff, as a sectional owner of the instant building on August 26, 2015, was employed as a candidate for the Chairperson in the election of the Defendant’s executive officers (hereinafter “instant election”).
B. 1 On August 6, 2015, the Defendant publicly announced the election for the instant election as follows.
1. Number of elected persons: One chairman, two auditors, and six directors;
7. Method for election: Article 22 of the management rules shall apply and if there is no rules, Article 50 (3) of the Enforcement Decree of the Housing Act shall apply.
(1) The application of Article 50 (3) of the Enforcement Decree of the Housing Act (Composition, etc. of the Council of Residents) (2) The election of multiple candidates (president, Auditor, Auditor) and the election of candidates for directors in the order of the candidates for directors, and the defendant also announced the public of the residents' general meeting
1. Date: 5 p.m. on August 26, 2015;
4. Agenda 1: Case of election of autonomous managing members (representative chairman, auditor and director).
5. Matters of attention at the time of attending the residents' general meeting / [5] Article 10 (Exercise of Voting Rights) (1) of the Exercise of Voting Rights Management Rules, one voting right in a house of one household;
Provided, That the voting rights of the occupants shall take precedence over those of the users.
(2) Where two or more houses of one household are jointly owned, one person shall be appointed to exercise voting rights, and the management authority shall be notified in writing in advance.
C. On August 26, 2015, the Defendant: (a) held a general meeting on August 26, 2015; (b) held the instant election on the grounds that the candidates who run for the president, auditors, and directors are multiple candidates; (c) held the instant election; (d) 77 of the total occupants participated in the voting; and (c) as a result of ballot counting, the number of votes obtained by the Plaintiff who run for the president was aggregated with 39 votes and 37 votes.
However, at C, an objection to the above ballot counting result is raised and re-checks are put on the 27th of the same month and the 28th of the same month.