덕소두산위브아파트입주자대표회장직위확인
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Plaintiff’s assertion was elected as the president at the election of the president of the council of occupants’ representatives (hereinafter referred to as “council of occupants’ representatives”) and performed duties as the president at the council of occupants’ representatives from January 9, 2013 to June 30, 2014. Since the Defendant did not perform duties as the president by proxy at the council of occupants’ representatives, the Plaintiff sought confirmation that the Defendant was in the position of the president of the council of occupants’ representatives during the said period.
2. Judgment on the defendant's main defense
A. The defendant asserts that the lawsuit of this case against the defendant, who is not the council of occupants' representatives, seeking confirmation of the status of the president of the council of occupants' representatives, does not have the standing to be the defendant, or
B. On the other hand, a lawsuit seeking affirmative confirmation of a representative status against an individual of the organization without regard to a representative of a certain organization and against the individual of the organization is not effective even if the judgment citing the claim is rendered, the judgment cannot be deemed to affect the organization concerned, and thus, it cannot be the most effective and appropriate method to resolve the dispute between the parties surrounding the status of the representative, and thus, it shall be deemed unlawful as there is no benefit of confirmation.
(see, e.g., Supreme Court Decisions 97Da4104, Nov. 27, 1998; 91Da37683, May 12, 1992). The council of occupants’ representatives of multi-family housing is an unincorporated association consisting of representatives from each building elected in proportion to the number of households for each building. As such, the council of occupants’ representatives is a non-corporate association that is not a legal entity that is selected in proportion to the number of households for each building, the council of occupants
(See Supreme Court Decision 2006Da86597, Sept. 25, 2008). Moreover, a lawsuit for confirmation does not necessarily have a legal relationship between the parties, but is between one party and a third party or between a third party.