총회결의 부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of a partitioned building No. 2075 of the second floor among the building of 24 lots (the underground5 floors, the aggregate building of 16 stories above ground, hereinafter “instant commercial building”).
B. On December 26, 2007, the Defendant: (a) registered the business as “J Representative Committee (Management Body); (b) changed the representative of the business from among the business registration on August 29, 2013 to “5 other than C, E, F, G, and H”; and (c) changed the trade name from the business registration on September 24, 2014 to “B,” respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 10, taxation information submission order of this court's order of tax information submission, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant is a management body of the instant commercial building under the Multi-Unit Residential Building Act (hereinafter “multi-unit building Act”).
B. On August 2013, 2013, C, etc. was gathered at the Chinese House and dismissed K and appointed by C, etc. as a manager, and registered business on August 29, 2013 without holding a management body meeting.
C. Therefore, as stated in the purport of the claim, seeking confirmation that there is no general meeting of sectional owners (the meeting of management body) which appoints C, etc. as the manager, or seeking confirmation that the general meeting of the above sectional owners is invalid.
3. Judgment on the defendant's main defense
A. The summary of the defendant's assertion is that there is no interest in confirmation because the defendant is not only a meeting of the representatives of each floor, it is not a management body, and there is no standing to be a party, and that the management body holds an assembly, and that there is no fact
B. In a lawsuit for confirmation 1, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is the most effective to obtain a confirmation judgment against the defendant when the plaintiff’s right or legal status is in danger, and removing such apprehension and danger.