관리인 지위 부존재 확인 청구
1. The plaintiffs' primary claims are dismissed.
2. The part of the conjunctive claim in the instant lawsuit is dismissed.
3...
1. Basic facts
A. On July 10, 1991, the Defendant obtained authorization for establishment pursuant to the Small and Medium Enterprise Cooperatives Act, and completed the registration of establishment on August 1, 1991, and constructed a large-scale distribution complex building consisting of commercial equipment and materials, storage operation, support operation, apartment factory operation, etc. (hereinafter “instant condominium building”) on the G ground during the Ansan-si period around February 1, 2001, and sold a store in the building through the sale by members and the sale by general public.
B. In accordance with Article 8(1) of the former Distribution Industry Development Act (amended by Act No. 6460 of Apr. 7, 2001) and Article 15 of the former Enforcement Decree of the Distribution Industry Development Act (amended by Presidential Decree No. 18039 of Jun. 30, 2003), the Defendant is performing the management affairs, such as collecting management fees from the shop occupants in the instant aggregate building after the completion of the registration of the establishment of the superstore.
C. The Plaintiffs are sectional owners of the stores in the instant aggregate building.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 4, 7, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion 1) The defendant did not appoint a manager as to the aggregate building of this case in accordance with the procedure stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act"). Even if the defendant is recognized as a manager, the defendant does not open a management body meeting, and does not manage management expenses (including parking expenses) in the name of personal employees belonging to the defendant in a transparent manner. Thus, the defendant must be dismissed as a manager.
B. According to the sales contract written by the Defendant’s assertion 1 for the sale of the instant condominium shop, the provisions that appoint the Defendant as a custodian include the provisions that appoint the Defendant, and the general buyers, including the Plaintiffs, also the Defendant through the preparation of the sales contract.