The judgment of the first instance court, including a claim added and reduced in the trial, shall be amended as follows:

The defendant.

1. The Defendant asserts to the effect that the instant lawsuit is unlawful, as the term of office of the Plaintiff’s representative D has long expired, since it is not qualified as the representative.

According to the overall purport of evidence Nos. 4 and 5 of Seoul Jung-gu E, F, G, and H ground A apartment B (hereinafter “instant building”) is a major complex building consisting of 29 households and two commercial buildings with the size of 10 floors underground and 3 floors above ground. The plaintiff is an organization consisting of occupants or users of the instant building, and is conducting management affairs, such as collecting management fees by having a general meeting and the president for the management of the instant building. The defendant is a person who was residing in the Plaintiff’s special meeting from September 5, 2012 to D before D is elected as the chairperson, and the defendant collected management fees, etc. from among the instant building, and Article 4 of the Addenda to the management rules of the building of this case provides that the term of office of the representative and executive officers of each building of this case shall be two years.

However, the council of occupants' representatives of multi-family housing is an unincorporated association consisting of representatives from each Dong elected in proportion to the number of households of each Dong (see Supreme Court Decision 91Da4478, Apr. 23, 191). When the representatives from each Dong are legally elected and the council of occupants' representatives is duly organized, the selection of representatives from each building is merely a change in its members as they continue to exist without losing the identity of the council of occupants' representatives as non-corporate groups. Thus, whenever the representatives from each building or the chairperson of the council of occupants' representatives, etc. are changed, it shall not be deemed that the previous division is separate from the previous one, a new non-corporate group is constituted, and its term is fixed as long as the council of occupants' representatives is a non-corporate group.