관리인지위확인
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant (Plaintiff).
purport, purport, ..
1. The following facts of recognition are apparent to be recorded:
On November 6, 2013, the Plaintiff filed a claim against B management body, the Defendant, D, E, and F to the effect that “the Plaintiff is the administrator of the management body,” as Seoul Northern District Court Decision 2013Gahap7404, the lower court dismissed the lawsuit against the Defendant, D, E, and F (hereinafter “Defendant, etc.”) on July 9, 2014 on the ground that the lawsuit against the Defendant, D, E, and F (hereinafter “Defendant, etc.”) is unlawful on the ground that there is no benefit of confirmation. The lower court rendered a judgment dismissing the claim against the B management body on the ground that there is a serious defect in the convocation procedure of the general meeting for appointment.
B. The Plaintiff dissatisfied with the foregoing judgment, and appealed as Seoul High Court Decision 2014Na37639, and on October 28, 2014, the appellate brief stated that “the Defendant, etc. shall withdraw a lawsuit against the Defendant, etc., and the Defendant, etc. shall not consent thereto,” and on November 17, 2014, the Defendant, etc. expressed his/her intent to consent to the withdrawal of the lawsuit by the Plaintiff in the preparatory document.
On January 27, 2015, the Plaintiff submitted a written withdrawal of appeal against the Defendant, etc., and the above court accepted the Plaintiff’s appeal on January 30, 2015, and revoked the judgment of the first instance, and rendered a judgment accepting the Plaintiff’s claim against B management body (hereinafter “instant judgment subject to review”).
C. On February 2, 2015, the Defendants (Defendant, etc., B management body) of the judgment subject to a retrial were served with a copy of the written withdrawal of appeal against the Defendant, etc., and on February 5, 2015, the original copy of the judgment against B management body was served, and thereafter, B management body appealed against the instant judgment subject to a retrial and appealed as Supreme Court Decision 2015Da15313. The Supreme Court dismissed the appeal by B management body on June 24, 2015, thereby becoming final and conclusive.
2. The assertion and judgment
A. (1) On May 28, 2013, the gist of the Defendant’s assertion (1) was that the General Assembly Preparation Committee convened with the power of attorney of 439 persons appointed by the Plaintiff as the administrator (hereinafter “General Assembly”).