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(영문) 서울북부지방법원 2014.07.09 2013가합7404
관리인 지위 확인
Text

1. The plaintiff's lawsuits against the defendant C, D, E, and F shall be dismissed, respectively.

2. The plaintiff's claim against the defendant B management body.

Reasons

1. On May 28, 2013, the Plaintiff asserted that Defendant C, D, E, and F had been appointed as a new manager at the temporary management body meeting of Defendant B’s management body on the legitimacy of the lawsuit against Defendant C, D, E, and F, and sought confirmation as to the Plaintiff’s status as the manager of Defendant B management body.

Ex officio, the lawsuit of confirmation is acknowledged as valid and appropriate when the plaintiff's legal status is unstable and dangerous, and it is acknowledged that it is the most appropriate means to determine by the confirmation judgment to remove such apprehension and danger. A lawsuit seeking affirmative confirmation against the defendant C, D, E, and F, an individual member of the management body without the plaintiff's management body against the defendant B management body, cannot be deemed as effective and appropriate even if the judgment accepting the claim is rendered, the judgment cannot be deemed as effective and appropriate to the defendant B management body. Thus, the plaintiff's lawsuit against the defendant C, D, E, and F cannot be the most effective and proper way to resolve the dispute between the parties who have placed their status as the manager. Thus, the plaintiff's lawsuit against the defendant C, E, and F is unlawful because there is no benefit of confirmation.

2. Determination as to the claim against Defendant B management body

A. On May 28, 2013, the Plaintiff asserted that he was appointed as a new manager at the temporary management body meeting of Defendant B’s management body, and sought confirmation from Defendant B’s management body.

B. 1) The building B (hereinafter referred to as "the building of this case") is the building of this case.

() The building is a main complex building consisting of Dong pipes (including 750 buildings and 60 apartment houses) constructed on the G ground in Dongdaemun-gu Seoul Metropolitan Government and Seo-gu conduits constructed on the H (including 648 apartment houses and 28 apartment houses). The entire charged area of the commercial building is 12,419.62 square meters. The entire charged area of the apartment part is 10,418.64 square meters, and the entire charged area of the apartment part is 10,418.64 square meters, and the total charged area of the building of this case is 22,838.26 square meters (=12,419.62 square meters) and the total charged area of the building of this case is 10,418.64 square meters. 2) Defendant B management body (hereinafter referred to as “Defendant management body”) is an aggregate building.

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