1. A resolution adopted by the council of occupants' representatives on November 12, 2018 by the defendant to elect C as the representative of occupants and D as auditors, respectively.

1. Basic facts

A. The defendant is an organization consisting of 11 households in Yeonsu-gu Incheon Metropolitan City B apartment (including 11 households in total, 274 households; hereinafter "the apartment in this case").

B. On October 26, 2018, the instant apartment election commission published a public announcement to recruit candidates for representatives by Dong (from October 26, 2018 to November 1, 2018). On November 10, 2018, as the representative for each Dong (E, F, and H Dong) as the representative for each Dong (G, H, and H Dong) of C, 2 constituency (J, K, and H Dong) as the representative for each Dong (J, 3 constituency (J, K), as N, 5 constituency (O, P, Dong), as the representative for each Dong (J, P, and 6 constituency).

C. On November 12, 2018, the defendant is entitled to the resolution of this case, with the consent of all five representatives present at the council of occupants' representatives called at the council of occupants' representatives on November 12, 2018, as the representative of C (chairperson) and D as the auditor.

D. The Multi-Family Housing Management Act, the Enforcement Decree of the said Act, and the Management Rules of the instant apartment are as shown in the attached Form. [The grounds for recognition] There is no dispute, and Gap 2 through 8 (including each number; hereinafter the same shall apply).

each entry of evidence 17, 18, 49, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Plaintiff’s assertion, the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, and the instant management rules, in order to become an executive officer of the Defendant, the resolution of this case is invalid since the instant apartment is not a sectional owner, but a sectional owner’s power of attorney, and C and D are not qualified as a representative of the Defendant and auditor, respectively.

In addition, the resolution of this case is null and void because it was conducted with the consent of the representatives of each Dong who are not qualified as representatives.

B. Determination 1: (a) Article 14(8) of the Multi-Family Housing Management Act; and (b) Article 12(2)2 of the Enforcement Decree of the same Act, as the instant apartment.