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(영문) 창원지방법원마산지원 2017.07.19 2016가합691
임원지위부존재확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is an organization established for the management and operation of the C building located on the ground of the Changwon Magwon E, and the plaintiffs are the co-owners of the above C building, who are the members of the defendant.

B. On March 15, 2016, D et al. filed a lawsuit against the Defendant to verify that Plaintiff B and Nonparty F are not in the Defendant’s representative position as the Changwon District Court Branch Branch 2016Gahap10171. On June 1, 2016, conciliation was concluded between the said parties with the same content as the said parties’ claim.

C. Since July 28, 2016, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and elected D as a new president of the Defendant, amended part of the Defendant’s rules, and newly elected officers, such as auditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 5 through 9, the purport of the whole pleadings

2. As to the lawsuit of this case against the defendant seeking confirmation of the defendant's absence of the representative or executive status of D, the defendant's defense prior to the lawsuit of this case is to the purport that the plaintiff is not a party to the lawsuit of this case, since the plaintiff Eul was the former chairperson in the case of the plaintiff Eul, but was dismissed due to the commercial operation problem, the plaintiff's store was leased for several years, and the defendant is not a party to the lawsuit of this case.

In this regard, there is no dispute between the parties that the plaintiffs are divided owners of the C building, and even if the plaintiffs are dismissed as the former president of the defendant, or the management expenses for the building are overdue.

The plaintiffs still have a legal interest to dispute the status of the defendant's representative or officer with the defendant's membership qualification as a sectional owner of Cbuilding. Thus, the defendant's prior defense to the merits that the plaintiffs are not eligible to sue is rejected.

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