장기수선충당금 부존재 확인
1. All lawsuits by plaintiffs (appointed parties) shall be dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).
1. The following facts may be found either as a dispute between the parties or as a whole as to the entry of evidence A(2).
The defendant is a management body established in accordance with the Act on Ownership and Management of Condominium Buildings for the management of Gangnam-gu Seoul Metropolitan Government.
B. The Plaintiff (Appointed Party) and the Selected Party D are neither sectional owners nor lessees of C, nor are the Defendant’s members.
2. The plaintiff (appointed party)'s assertion and judgment
A. The Plaintiff (Appointed) asserts that the attorney-at-law, who is the temporary manager of the Defendant, embezzled the reserves for long-term repairs and commits a breach of trust, and sought confirmation that C’s long-term repair plan and the long-term repair appropriation deposits in the name of the Defendant do not exist, and the Defendant asserts that the instant lawsuit is unlawful.
B. Although the legal relationship between the plaintiff and the defendant is not always limited to the legal relationship between the plaintiff and the defendant, and the third party or a third party, the legal relationship between the plaintiff and the defendant is also subject to such legal relationship. However, in accordance with such legal relationship, it is necessary to immediately confirm the legal relationship in order to eliminate the risks and apprehensions existing in the plaintiff's rights or legal status, and to determine it by the confirmation judgment between the plaintiff and the defendant. In addition, the benefit of confirmation is the most effective and appropriate means.
(See Supreme Court Decision 2013Da1570 Decided May 12, 2016, etc.). C.
In this case, the fact that the plaintiffs (Appointeds) and the designated parties D are not the sectional owners or lessees of Section C, but the fact that they are not the members of Section C management body is as seen earlier. As such, seeking confirmation of the absence of the long-term repair plan of Section C and the long-term repair appropriation deposit in the name of the defendant can be said to exist in their rights or legal status.