입주자대표회장 직위해제 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 12, 2013, the resolution of the council of occupants' representatives, which decided the dismissal of the Plaintiff from position and suspension of duties against the Plaintiff by C, the council of occupants' representatives, on September 12, 2013, is null and void because the resolution was made
2. Whether the lawsuit of this case is lawful
A. The defendant asserts that the lawsuit of this case, which the plaintiff seeks to confirm the invalidity of the resolution of the council of occupants' representatives against the defendant who is not C, is unlawful because there is no standing to be the defendant, or there is no benefit
B. On the other hand, 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 of each building. Thus, seeking confirmation of invalidity of the decision on invalidation of the election of the representative of each building is ultimately a dispute over the qualifications of members of the council of occupants' representatives, and thus the council of occupants' representatives has the standing to be the defendant in the lawsuit seeking confirmation of invalidity of the resolution (see, e.g., Supreme Court Decision 2006Da86597, Sept. 25, 2008). The lawsuit of this case seeking a judgment, such as the purport of the claim against the defendant individual, rather than against the non-corporate
In addition, a lawsuit for confirmation does not necessarily limited to a legal relationship between the parties, but can also be the object of the legal relationship between one of the parties and a third party or between third parties. However, in order to have the interest of confirmation of the legal relationship, there should be any danger or misappropriation existing in the rights or legal status of the complainant pursuant to the legal relationship. In order to remove the risk or misappropriation, it is necessary to immediately confirm the legal relationship by the confirmation judgment aimed at confirmation of the legal relationship, and it should be the most effective and appropriate means (see, e.g., Supreme Court Decision 2006Da5970, Aug. 23, 2007).