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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff and the Defendant are sectional owners of building D above Daegu Jung-gu, Daegu-gu, Seoul, E, and F ground D (hereinafter “instant condominium building”).
[Ground of recognition] Facts without dispute, purport of whole pleading
2. Determination on this safety defense
A. The defendant asserts that the plaintiff's lawsuit of this case is unlawful as the plaintiff's lawsuit of this case is filed against an individual who is not a management body. The plaintiff asserts that the management body of this case of this case of this case of this case of this case cannot file a lawsuit against the management body of this case of this case of this case of this case since
B. Determination 1) Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”)
Article 23 (1) provides that “If a sectional ownership relationship is established with respect to a building, a management body shall be established with the aim of carrying out business affairs concerning the management of the building and its site and attached facilities by making all sectional owners as members of the sectional ownership.” Therefore, where a management body is not established only through an act of organization but there is a building establishing sectional ownership, it is naturally established with all sectional owners as members (see Supreme Court Decision 2011Da12163, Apr. 28, 201). Meanwhile, a management body’s resolution on the appointment of a management body is a management body’s decision-making and the subject of legal relations arising therefrom is a management body, and only by obtaining a judgment on the existence or validity of the resolution on the appointment of a management body against the management body, it may remove risks or apprehensions to the Plaintiff’s rights or legal status due to such resolution, and a judgment on confirmation against an individual who is not a management body does not have the effect to the management body’s immediately seeking such confirmation.