회장 등 지위 부존재확인
1. We confirm that D is the chairperson's status and that E is not the defendant's audit status.
2. The costs of lawsuit shall be.
1. Basic facts
A. The plaintiffs are sectional owners of some stores in Busan Jung-gu C commercial building (hereinafter "the instant commercial building"), and the defendant is a non-corporate association established with the building owner and lessee as its members for the efficient operation, maintenance, and management of the instant commercial building.
B. The defendant's current articles of incorporation was amended through an extraordinary general meeting around August 2009, and the main contents of the articles of incorporation are as follows.
Article 5 (Members) The members of the regular meeting shall be the owners and lessees of the commercial buildings.
Article 8 (Executives) The Subdivision shall have the following officers:
1. Five operating members (one chairperson, two vice-chairpersons, two auditors) shall be elected by recommendation or voting at least half of the members;
Article 13 (Regular Sessions)
1. The ordinary general meeting shall be held at the beginning of December each year;
2.The following matters shall be decided at an ordinary general meeting:
- One president, two vice presidents, and matters concerning the election of two auditors, Article 15 – All meetings shall be duly formed with attendance of more than a majority of the members, and pass resolutions with the concurrence of more than a majority of the members present.
- The chair shall decide on the number of votes cast during the meeting.
C. E, while serving as the chairperson of the defendant, retired from office around December 2009.
E asserts that he himself is a co-owner of part of 101.98 square meters and rooftop 9.91 square meters under the ground of the instant commercial building, and filed a lawsuit against the Defendant claiming a return of unjust enrichment equivalent to the rent on the ground that the shop occupants of the instant commercial building install and operate the common facilities in each of the above parts (Jinsan District Court 2017Gau50506), and D represent the Defendant in the said case.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2-1, 3, 11, 12 and Eul evidence No. 1
2. The parties' assertion
A. According to the defendant's articles of incorporation, the chairperson and the auditor are elected at the general meeting of shareholders. Since they had not held the general meeting since they had resigned from the defendant's office, the defendant did not have been elected as the chairperson and the auditor.