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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is an autonomous management organization organized by the occupants to manage B apartment in Chungcheong City (hereinafter “instant apartment”) and is composed of representatives from each Dong of the instant apartment. From November 10, 2014 to November 10, 2014, the Plaintiff was in the position of the Defendant’s Chairperson of the instant apartment 106 representative.
B. On February 12, 2015, 12 of the 101 occupants of the instant apartment complex among the 106 occupants of the instant apartment complex (hereinafter “instant dismissal ground”) is as follows (hereinafter “instant dismissal ground”).
(1) Around December 2014, Article 52 of the former Enforcement Decree of the Housing Act (wholly amended by Act No. 13687, Dec. 29, 2015; hereinafter the same shall apply) requested the dismissal of the Plaintiff.
(3) When the occupants receive a request under paragraph (1), they shall organize a council of occupants' representatives within three months from the date they receive such request, and determine management methods of the relevant collective housing (where the housing management operator selects management methods by entrusting the housing management operator, including the selection of the relevant housing management operator.
(4) Where occupants, etc. change management methods under Article 43 (8) 4 of the Act, the same shall apply to cases where occupants, etc. entrust a housing management operator with the management of management methods (including the change of a housing management operator) pursuant to paragraph (1), and make a decision on the management methods of multi-family housing pursuant to Article 52 (Determination, etc. of Management Methods) of the Enforcement Decree of the Housing Act.
In such cases, the council of occupants' representatives shall select a housing management service provider by means of competitive bidding publicly announced by the Minister of Land, Infrastructure and Transport pursuant to Article 43 (7)
except that the term of the contract expires.