logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.09.03 2014나53431
대표회의결의무효확인 등
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. The reasoning for this part of this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of this Court’s reasoning is cited by the main text of Article 420 of the same Act.

2. Whether the lawsuit of this case is lawful

A. With respect to the lawsuit of this case against which the plaintiffs' principal safety defense of the defendant company directly or by subrogation of the defendant's council of occupants' representatives seeks nullification of the above entrusted management contract of this case against the defendant company, the defendant company has a certain interest in whether the above entrusted management contract of this case affects the defendant's council of occupants' representatives, but such interest is merely general and factual, and is not a specific legal interest, and it does not constitute the most effective and appropriate means in resolving the dispute, and thus, the lawsuit of this case is unlawful.

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). C.

Judgment

On the other hand, the tenant has an interest in the operation of the council of occupants' representatives, but this is merely a general and factual matter and cannot be said to have a specific legal interest. Therefore, the tenant is the non-corporate body in subrogation of the council of occupants' representatives.

arrow