1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant is a council of occupants’ representatives comprised of 15 representatives from each Dong, which is a multi-family housing of 1,550 households. The Plaintiff is a person who won the Defendant’s election at the chairperson’s election on November 29, 2017 and has been elected from January 1, 2018 to the president.

B. On October 25, 2017, C, the former president of the Defendant, appointed D and E as election management members, and granted each such appointment letter.

C. On March 5, 2018, 12 persons, including F, who are members of the Defendant, requested the Plaintiff, who is the chairperson of the Defendant, to convene an extraordinary meeting on the agenda of the Plaintiff’s dismissal of the chairperson. However, the Plaintiff did not comply with this request. F held an extraordinary meeting on April 2, 2018 as the chairperson acting for the president. A resolution was adopted to dismiss the Plaintiff from the Defendant’s office at the special meeting on April 2, 2018.

On April 16, 2018, on the ground of the above resolution of extraordinary meetings on April 2, 2018, the Defendant requested the B apartment management committee (hereinafter referred to as “election management committee”) to hold a resident vote on the chairman’s dismissal pursuant to Article 20 of the apartment management rules. On May 9, 2018, the election management committee held a vote to dismiss the Plaintiff from the Defendant’s office, 397 households out of the total 1,550 households participated in the voting, and 352 households decided to dismiss the Plaintiff.

E. The provisions of the B Apartment Management Rules concerning the organization of the election commission (hereinafter “instant Management Rules”) are as follows:

Article 34 (Commissioning and Composition of Members) of the B Apartment Management Rules (1) An election commission that consists of itself pursuant to Article 15 (1) of the Act and Article 15 (1) of the Decree (hereinafter referred to as the "committee") shall be comprised of not less than five but not more than nine members, including the chairperson, and the chairperson shall be elected from office.

The president of the council of occupants' representatives (where the council of occupants' representatives is not organized, the head of management office).