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The Defendant-Counterclaim Plaintiff’s counterclaim of this case is dismissed.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 1,430.
Reasons
1. Facts of recognition;
A. On September 2016, the Plaintiff was appointed as the 8th representative of Jeju C Officetel and on October 6, 2016 as the president of the owner’s representative meeting. The Defendant et al. filed a lawsuit against the Plaintiff seeking confirmation of the existence of representative status as the Jeju District Court 2016Gahap12348 on the ground that the Plaintiff was not the owner of an officetel but the owner of a sectional ownership. On May 18, 2017, the Plaintiff confirmed that he/she was not in the position of the owner of an officetel’s sectional ownership and the president of the representative meeting on the ground that he/she was not in the position of the owner of an officetel’s sectional ownership, and the said judgment became final and conclusive on November 24, 2017, and submitted a resignation report to the court on April 17, 2017, after obtaining permission for special election to elect the representative meeting for each floor by the representative D as the president.
Nevertheless, in the name of the representative meeting of the defendant and E, the representatives of each floor were elected and announced through various public announcements, candidate registration, and election procedures required for the special election. In this case, E was elected as the representative, the chairperson, and the defendant as the 11th representative.
3) The Plaintiff’s ASEAN filed an application for a provisional disposition to suspend the performance of duties and to appoint an acting representative under the Jeju District Court Decision 2017Kahap10131 against the Defendant, etc. on the ground that the elected person, who did not meet the qualification requirements for the representative of each floor and the president of the representative conference, was illegal and, under the rules of the representative conference, and the Plaintiff’s ASEAN applied for a provisional disposition to the Defendant, etc. on March 28, 2019 against the Defendant, etc. on the ground that: “Unauthorized E and the Defendant, etc. without authority, have forged the public notice of election for each floor, etc., and voluntarily proceeded with the election procedure on March 28, 2019.”