1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an autonomous management body composed of occupants to manage apartment apartment A (hereinafter “instant apartment”) in Ulsan Metropolitan City, and the Defendant is a resident of the instant apartment, who was elected as a representative of the Dong-gu election (hereinafter “instant election”) that was implemented on October 26, 2013 as a resident of the instant apartment.

B. On January 23, 2014, 7, including C, filed an application for a provisional disposition suspending the performance of duties (hereinafter “provisional disposition”) with the Ulsan District Court 2014Kahap64, on the ground that there was an error in the election procedure against 4 persons, including the Defendant, elected as the Dong representative through the instant election.

On May 8, 2014, the above court dismissed it on the ground that the vindication is insufficient.

C. On August 1, 2014, two parties, including C, filed a lawsuit seeking confirmation of the existence of a representative status (hereinafter “instant lawsuit”) against the Defendant and the Plaintiff, etc. by the Ulsan District Court 2014Kahap17509.

On July 16, 2015, the above court rendered a judgment to the effect that “The Defendant’s lawsuit against the Defendant is illegal as there is no interest in confirmation, and thus dismissed it, and even if C cannot be deemed to have violated the regulations on election management, the Defendant is not in the status of 105 representative, since the election of this case was revoked and implemented by C’s 105 representative’s registration, and thus, the election of this case becomes null and void.”

On February 2014, the Plaintiff paid KRW 4,400,000 as attorney fees for the instant provisional disposition on March 19, 2014 following a resolution of the council of occupants' representatives; KRW 4,400,000 as attorney fees for the instant provisional disposition on June 11, 2014; and KRW 3,300,000 as attorney fees for the instant lawsuit on January 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff filed a claim for return of unjust enrichment, which is a representative of the Defendant’s personal interest.