1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. Basic facts

A. On October 4, 2012, the Plaintiffs were elected as the fourth unit representatives of each Dong (the term of office: from November 1, 2012 to October 31, 2014) of the member I apartment house in Ansan-si (hereinafter “instant apartment house”) as indicated below.

Plaintiff

E 801 F 803 H 806 G 807 A 809 C 810 B 812 D 813

B. From June 17, 2013 to June 20, 2013, the Defendant issued a dismissal vote with respect to the Plaintiffs. On June 21, 2013, the Defendant publicly announced that the Plaintiffs were dismissed from office with the consent of a majority of the occupants, etc. of each consent.

(hereinafter referred to as “instant dismissal”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 8 and 25 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. The Plaintiffs asserted that the dismissal of the instant case is null and void due to procedural and substantive defects, and filed the instant lawsuit.

As to this, the defendant is not only the fourth Dong representative but also the third Dong representative, and the fourth Dong representative's term expires on October 31, 2014, and the plaintiffs cannot withdraw from the Dong representative any longer pursuant to Article 50 (8) of the Enforcement Decree of the Housing Act, so the lawsuit of this case is unlawful because there is no benefit of confirmation, and the lawsuit of this case is not unlawful.

According to Article 50 (8) of the Enforcement Decree of the Housing Act, the term of office of the representative of each Dong shall be two years, and he/she may be reappointed only once.

(1) Article 50(7) of the former Enforcement Decree was amended by Presidential Decree No. 24307, Jan. 9, 2013, and Article 50(8) of the former Enforcement Decree was amended as of July 6, 2010 (amended by Presidential Decree No. 2254, Jul. 6, 2010). However, Article 2(2) of the former Enforcement Decree is applicable from the representatives of each building first elected after the enforcement of Presidential Decree No. 2254 (Article 2(2) of the former Enforcement Decree). The enforcement date is July 6, 2010.

In October, 2010, the enforcement date of the above provision.