관리인 지위 부존재 확인 청구의 소
1. The plaintiff's action against the primary defendant B shall be dismissed.
2. The plaintiff's claim against the ancillary defendant C management unit.
1. Basic facts
A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), Defendant C management body is a management body comprised of the sectional owners of six underground floors and 11st apartment buildings located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the instant aggregate building”), and is one of the sectional owners of the instant aggregate buildings. The Plaintiff is one of the sectional owners of the instant aggregate buildings.
B. On June 18, 2019, Defendant C’s management body convened a temporary management unit meeting (hereinafter “instant management unit meeting”) and passed a resolution to appoint Defendant C as the manager of Defendant C management group (hereinafter “instant resolution”).
[Ground for recognition] Unsatisfy
2. Determination as to the legitimacy of the lawsuit against the defendant B (determination as to the principal safety defense by the defendant B) since the plaintiff's lawsuit against the defendant B was not effective and there was no interest in confirmation, the decision to appoint the manager of the aggregate building management group, which is a non-corporate association, is a management body, and thus, the subject of legal relationship is the subject of the management group's decision to appoint the manager. Thus, the decision to appoint the manager against the defendant B can remove the plaintiff's rights or legal status as a result of the decision, or risks or apprehensions about the legal status as a result of the decision to the management group's decision to the management division. The decision to confirm against the individual who is not the management unit's management unit's decision does not affect the management unit's decision and thus, the lawsuit seeking such confirmation decision is unlawful (see Supreme Court Decision 2010Da30676, 30683, Oct. 28, 2010). Thus, the plaintiff's lawsuit seeking confirmation as to the non-existence of the management status against the defendant B cannot be confirmed.
3. Defendant C.