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(영문) 서울중앙지방법원 2020.07.22 2019가합591315
계약무효확인
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

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

Reasons

1. Whether the plaintiffs' lawsuit against the defendants is legitimate

A. The summary of the parties’ assertion (1) The Defendants C-building management body falls under a non-corporate body organized to manage Seocho-gu Seoul Metropolitan Government C-building (hereinafter “the instant condominium building”). The Plaintiffs’ claim for confirmation of invalidity of the consignment management contract for the instant condominium building concluded between C-Building management body and Defendant D-Co., Ltd. (hereinafter “instant agreement”), but the assembly of the management body was adopted in order to seek confirmation of invalidity of the consignment management contract for the instant condominium building (hereinafter “instant agreement”). However, the Plaintiffs did not request the convocation of the management body, and thus, each of the instant lawsuits is unlawful

In addition, since the Plaintiffs cannot be deemed to have a legal interest in the validity of the instant contract, the benefits of confirmation cannot be recognized.

(2) Since the management body of the instant aggregate building was not lawfully constituted, it cannot be deemed that the management body, a non-corporate body, exists with respect to the instant aggregate building. The Defendants’ assertion based on this premise is difficult to accept.

B. A lawsuit for confirmation of the relevant legal principles is not necessarily limited to the legal relations between the parties, but can be subject to the legal relations between one of the parties and a third party or between third parties, but for the benefit of confirmation of the legal relations, there is a benefit of confirmation of the legal relations, there should be a danger or loss existing in the rights or legal status of the complaining party according to the legal relations. In order to eliminate the danger or loss, it is necessary to immediately confirm the legal relations by the confirmation judgment aimed at confirming the legal relations and it should be the most effective and appropriate means.

(See Supreme Court Decision 2005Da9463 Decided April 29, 2005, etc.). C.

Judgment

The plaintiffs, who are sectional owners of the instant condominium building, are not parties to the instant contract, and are not parties to the instant contract, and are specifically legal persons regarding the instant contract.

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