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(영문) 부산지방법원 2018.02.14 2016가합44199
관리인지위부존재확인
Text

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

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

Reasons

1. Summary of the plaintiffs' assertion

A. The Plaintiff medical corporation A (hereinafter “Plaintiff Foundation”), B, and the primary Defendants are the sectional owners of the BD shop located in Busan Dong-gu BE (hereinafter “instant commercial building”); and the conjunctive Defendant is the management body organized with all sectional owners of the instant commercial building as members under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Defendant management body”).

B. Defendant AB was appointed as a manager by some sectional owners of the instant commercial building, and even though he was not appointed as a manager by the entire sectional owners of the instant commercial building, Defendant AB performed as the manager of the instant commercial building while imposing and collecting the management fee of the instant commercial building.

C. Therefore, Defendant AB seeks confirmation of the absence of a manager status under Article 24 of the Act on Ownership and Management of Condominium Buildings with respect to the instant commercial building between the Plaintiffs and the primary Defendants, and as to the instant commercial building between the Plaintiffs and the primary Defendant, Defendant AB seeks confirmation of the absence of a manager status under Article 24 of the Act on Ownership and Management of Condominium Buildings.

2. The lawsuit for confirmation of the legitimacy of the lawsuit against the primary Defendants is not necessarily limited to the legal relationship between the parties, but can also be the legal relationship between one of the parties and a third party or between the third parties. However, for the benefit of confirmation of the legal relationship, the legal relationship should lead to existing danger and loss in the claimant's rights or legal status according to the legal relationship, and it is necessary to immediately confirm the legal relationship by the confirmation judgment that is the object of confirmation in order to remove the danger and loss, and it should be the most effective and appropriate means.

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