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1. All of the plaintiff's lawsuits against the primary defendants and the conjunctive defendant shall be dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. E apartment (hereinafter “instant apartment”) is a multi-family housing comprised of 36 households located in the Nam-gu, Ulsan-gu, and the council of occupants’ representatives of the Defendant E- Apartments (hereinafter “Defendant’s representative council”) is a non-corporate association comprised of officers elected at the resident’s meeting (the neighborhood meeting and the general meeting of occupants”) to manage the instant apartment.
B. The management rules of the instant apartment (hereinafter “instant rules”) are selected by the president, general secretary, etc. on the recommendation of the occupant’s general meeting with the consent of the majority of the number of present members. The general secretary shall act on behalf of the president, the term of office of executive officers shall be two years, and the Plaintiff was elected as the president, Defendant B as the general secretary, and G as the auditor around May 2017 at the occupant’s general meeting.
C. Around December 14, 2017, the Defendant’s council of occupants’ representatives held a steering committee as eight executives of the instant apartment complex; Defendant B dismissed Defendant B from general affairs; added the chairman of the board of directors of the occupants’ representatives; amended the instant regulations on behalf of the chairman of the operating committee; and appointed H as the chairman of the operating committee.
On March 2, 2018, Defendant B decided to hold a general meeting of occupants, including the appointment of executive officers, on the ground that the Plaintiff resigned from the position of the president and that G resigned from the position of the auditor. On March 6, 2018, Defendant B resolved to select I as the president, Defendant B as the chief executive officer, and Defendant C as the auditor (hereinafter “instant resolution”).
E. I resigned from the position of the Chairperson on April 28, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 8, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. Main Safety Determination
A. As to the suit seeking confirmation of invalidity of the instant resolution against the Defendant B, C, and D, the said Defendants are not the council of occupants’ representatives, but the instant resolution.