관리비 채권 무효 등
In the lawsuit of this case, the part of the claim for nullification of the management expense claim shall be dismissed.
Plaintiff (Appointed Party) A’s remainder.
1. Facts of recognition;
A. The Dongdaemun-gu Seoul Metropolitan Government E building (hereinafter “instant building”) consists of a number of sectionally owned buildings, such as a total of 99 sectionally owned buildings on the 99 floors, which are the aggregate buildings of the 5th underground and 14th floor above ground.
B. On November 3, 2014, Plaintiff (Appointed) completed the registration of ownership transfer with respect to the building Nos. 9-F (hereinafter “F”) among the instant building, and the Selection C, on October 8, 2010, the registration of ownership transfer with respect to the building Nos. 9-G (hereinafter “Gho”) among the instant building, and the SelectionD, on December 30, 2016, respectively, completed the registration of ownership transfer with respect to the building Nos. 9-H (hereinafter “H building”).
C. On November 8, 2009, the sectional owners of the instant building established the E Commercial Building Management Body (hereinafter “instant Management Body”) as a management body of the instant building under the Act on the Management, Ownership, and Management of Aggregate Buildings, and the Defendant is the representative of the management body at present.
[Recognition] Facts without dispute, Gap evidence Nos. 8 through 11, 24, Eul evidence No. 7 and the purport of the whole pleadings
2. Determination on the part of the claim for confirmation
A. The legal action for confirmation is recognized only where the defendant is the most effective and appropriate means to obtain a confirmation judgment against the defendant (see Supreme Court en banc Decision 96Da11747, Oct. 16, 1997). In a lawsuit seeking confirmation of the invalidity or non-existence of an obligation against a certain organization, where a suit is filed against the representative, even if the judgment citing the claim is issued, it cannot be resolved fundamentally because the judgment does not affect the pertinent organization, and thus, it is difficult to settle the dispute between the parties. Thus, filing a suit against the representative, not the pertinent organization, is confirmed as having no immediate interest in confirmation.