The appeal shall be dismissed.

The costs of appeal are assessed against B.

Judgment ex officio is made.

The former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22254, Jul. 6, 2010; hereinafter the same shall apply) which provides for the composition, etc. of a council of occupants' representatives pursuant to the delegation of Article 43(7)2 of the former Housing Act (amended by Act No. 12115, Dec. 24, 2013) (amended by Presidential Decree No. 22254, Jan. 9, 2013; hereinafter the same shall apply) newly established a provision that “the term of office of the representative of each Dong shall be two years, but he/she may be reappointed only once.”

Meanwhile, Article 2 (2) of the Addenda to the former Enforcement Decree of the Housing Act (amended on July 6, 2010) provides that the amended provisions shall apply to the representatives of buildings first elected after the enforcement of the former Enforcement Decree of the Housing Act.

However, if a separate provision that limits the representation of representatives of each building exists in the individual multi-family housing management agreement that is identical to Article 50(7) of the former Enforcement Decree of the Housing Act before the enforcement of the former Enforcement Decree of the Housing Act, such provision is valid even after the enforcement of the former Enforcement Decree of the Housing Act, except in extenuating circumstances.

This is because the supplementary provision of the Enforcement Decree cannot be seen as a purport of excluding the application of the heavy rental restriction provision under such apartment management rules.

(See Supreme Court Decision 2015Da39357 Decided September 8, 2016. According to the reasoning of the lower judgment and the record, B was elected as the representative for each building of the instant A apartment between January 1, 2007 and December 31, 2008 (No. 6), January 1, 2009 and September 30, 2010 (No. 7), and from January 1, 2015 to December 31, 2016 (no. 10).

However, Article 19(1) of the Management Rules of the apartment of this case (amended by November 6, 2006) at the time that B is elected as the representative for each Dong 6 and 7 period, provided that “the term of office of the representative of each Dong shall be two years, and he may be reappointed only once, except in the case where there is no applicant.” Article 18 of the Management Rules amended on November 15, 2010 shall be deleted.