1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The summary of the cause of the Plaintiff’s claim (1) is the council of occupants’ representatives of Yangju-si B apartment (hereinafter “instant apartment”).

On July 22, 2015, the Plaintiff was elected as the 113 Dong representative of the instant apartment, and on August 25, 2015, the Defendant’s third chairman of the council of occupants’ representatives (term of office: from July 1, 2015 to June 30, 2017) was elected.

(2) Although there is no ground for invalidation regarding the election of the 113 Dong representative of the instant apartment building against the Plaintiff, the Defendant’s council of occupants’ representatives held that the Plaintiff’s election of the 113 Dong representative of the instant apartment building was invalid on August 26, 2015, and thus, the Plaintiff’s election of the 113 Dong representative of the instant apartment building was also null and void, and thereafter H was elected as

(3) Accordingly, the plaintiff seeks confirmation that the plaintiff is in the third president of the council of occupants' representatives.

2. Judgment on the defendant's main defense of safety

A. Even if the Plaintiff was legally elected as the third chairman of the council of occupants’ representatives, the instant lawsuit is unlawful on the ground that its term of office has already expired on June 30, 2017, as the Plaintiff had no benefit of confirmation.

B. According to the purport of Gap evidence Nos. 1, 3-1, 6-1, 3-1, 33-2, 2-1, 6-1, 6-1, 6-1, and 6-1, and the whole arguments, the following facts can be acknowledged.

① The Defendant is the council of occupants’ representatives of the instant apartment.

② On July 22, 2015, the Plaintiff was elected as the 113 Dong representative of the instant apartment building. On August 25, 2015, the Defendant’s third president of the council of occupants’ representatives (the expiration date: June 30, 2017) was elected.

③ On August 26, 2015, the chairman of the instant apartment management committee received a civil petition that there was a problem of the Plaintiff’s 113 Dong representative qualifications, and publicly announced that it was invalid to elect the Plaintiff as the president of the Defendant’s council of occupants’ representatives.

④ When H was elected as the third president of the council of occupants’ representatives on November 23, 2015, the Plaintiff was on January 5, 2016.