1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives organized by the Multi-Family Housing Management Act in order to determine important matters concerning the management of the above apartment on behalf of occupants, etc. of the Cheongju-gu A Apartment-gu Seoul Metropolitan Government (hereinafter “instant apartment”). The Defendant was the representative of the Defendant from June 1, 2016 to December 5, 2017.

The management rules of the apartment of this case and the main contents of the Enforcement Decree of the Housing Act are as follows.

Pursuant to Article 51 (1) of the Decree of the Decree, the council of occupants' representatives shall make a resolution with the consent of a majority of its members (referring to the fixed number prescribed by the management rules pursuant to the main sentence of Article 50 (5) of the Decree, and referring to the elected number when two-thirds or more of the members of the relevant council of occupants' representatives are elected), pursuant to Article 51 (1) of the Decree, and "other matters prescribed by other rules" among the matters to be resolved by the council of occupants' representatives referred to in Article 51

Article 33 (Duties and Responsibilities of Council of Residents' Representatives) (1) Members of the council of occupants' representatives shall perform their duties with due care as a good manager under Article 51 (1) of the Decree and Article 21 of the Rules.

(2) Where any member of the council of occupants' representatives causes damage to occupants, etc. by intention or negligence, he/she shall be liable for such damage.

Article 51 of the Enforcement Decree of the Housing Act (wholly amended by Act No. 27444, Aug. 11, 2016) (1) The council of occupants' representatives shall resolve the following matters with the consent of a majority of its members pursuant to Article 43 of the Act:

2. Approval (including approval for modification) of a business plan and budget for the execution of management expenses, etc. under Article 58;

7. Establishment or adjustment (limited to the case of accompanying the payment of expenses) of the long-term repair plan, and the plan for safety control under Article 49 of the Act (hereinafter referred to as the "safety control plan");