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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
The ground of appeal No. 2 was amended by Act No. 12115, Dec. 24, 2013;
(a) The same shall apply;
Article 43(7)2 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22254, Jul. 6, 2010; Presidential Decree No. 24307, Jan. 9, 2013; Presidential Decree No. 24307, Jan. 9, 2013) provides that matters necessary for the organization, operation, and resolution of a council of occupants' representatives of multi
(a) The same shall apply;
Article 50(7) of the former Enforcement Decree of the Housing Act newly established a provision that “the term of office of the representative of each Dong shall be two years, and he may serve only once.” As such, the former Enforcement Decree of the Housing Act provides that the term of office of the representative of each Dong who is a member of the council of occupants’ representatives shall be restricted once by setting the number of times. The purpose of Article 50(7) of the former Enforcement Decree is to prevent any side effect such as light position or duty to loyalty, any corruption related to the management of multi-family housing, and any division and Ban among occupants, which may arise from the long-term performance of duties of the representative of each Dong, and to ensure the diversity of the members of the council of occupants’ representatives and to promote the proper and transparent operation of the council of occupants’ representatives by widely guaranteeing opportunities for participation in multi-family housing management to many occupants. Meanwhile, the main sentence of Article 1 of the former Enforcement Decree of the Housing Act (amended by this Decree, Jul. 6, 2010) provides that “The amended provisions of Article 50(7) shall apply from the first election of this Decree.”
. This sets forth the scope of application to Article 50(7) of the former Enforcement Decree of the Housing Act, which is a provision on the restriction on the intermediate appointment of representatives for each newly established building.