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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to Articles 10 and 41 of the Rules on the Management of Multi-Family Housing (hereinafter referred to as the “Rules of this case”), the representative of the apartment of this case shall be elected with the consent of a majority of the occupants of the apartment of this case. The defendant was elected as the representative with the consent of 22 households which fall short of the Rules of this case.
In addition, according to Article 43 of the Rules of this case, in order to convene the council of occupants' representatives of the apartment of this case, the purpose, date, time, and place of the meeting shall be individually notified or publicly announced to the occupants at least five days before the date of the meeting. The defendant proposed the representative election agenda at the site, i.e.
Therefore, the defendant's decision to confirm that the election of the representative of the apartment of this case, which was conducted through the above illegal procedure, is null and void.
2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
On the other hand, the council of occupants' representatives of multi-family housing is an unincorporated association consisting of representatives of each building elected in proportion to the number of households of each building. Thus, seeking confirmation of invalidity of the decision to invalidate the election of the representative of each building is ultimately a dispute over the qualifications of members of the council of occupants' representatives, and thus the council of occupants' representatives has the standing to be the defendant in the lawsuit seeking confirmation of invalidity (see, e.g., Supreme Court Decision 2006Da86597, Sept. 25, 2008). The lawsuit of this case against the defendant, the plaintiff did not object to the council of occupants' representatives of the apartment of this case, which is a non-corporate group, and filed against the
In addition, a lawsuit for confirmation is not necessarily limited to a legal relationship between the parties, but also the legal relationship between one of the parties and a third party or between the third parties.