1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

A building with five underground floors and fifteen above ground in Seocho-gu Seoul Metropolitan Government is a condominium comprised of 45 commercial buildings, 89 commercial buildings, and 42 apartment houses.

(hereinafter referred to as the “instant condominium”. Of the instant condominiums, the “Rules on Management of Multi-Family Housing” (hereinafter referred to as the “Rules on Apartment Buildings”) is established regarding apartment (hereinafter referred to as the “instant apartment”) and the “Rules on Management of Building of Living and Business Facilities” is established regarding commercial buildings and officetels.

Article 16 [Election of Representatives by Building] (1) The fixed number of representatives by building which constitutes a council of occupants' representatives shall be three persons, and the representatives by building may be elected in proportion to the number of households by building pursuant to Article 50 (1) of the Enforcement Decree of the Housing Act.

(2) The representatives of each building shall be elected with the written consent of a majority of the occupants, etc. of the relevant Dong [referring to the Dong (e.g., 1, 2 Dong) if elected on the basis of not less than two Dongs, and to the same Dong (referring to Dong 1, 2 Dong) if elected on

Article 17 (Composition of Council of Residents' Representatives) (1) The council of occupants' representatives shall consist of the fixed number of representatives by buildings under Article 16 (1).

(2) The council of occupants' representatives may have the following executives:

1. One chairman;

2. At least one director (at least three directors, including the president);

3. At least one auditor. (3) The chairperson shall be elected from among the representatives of each building.

Provided, That when there is a written request from at least 1/10 of occupants, the chairperson shall select the representatives of each Dong with the consent of a majority of occupants, etc.

Article 18 [Disqualifications, etc. for the representatives of each Dong] (2) If the representatives of each Dong fall under any of the following subparagraphs, they may be dismissed by a resolution of a majority of the members of the council

In such cases, a person who falls under subparagraphs 5 through 8 shall be naturally.