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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the legitimacy of the instant lawsuit
A. The plaintiff's assertion 1) The plaintiff's assertion 1) the Won-gu Seoul Metropolitan Government B (hereinafter "the building of this case").
() On February 17, 2016, the general meeting of the management body of the instant building was held with the consent of 352 households among the occupants, around 14:00, and the said general meeting duly adopted a resolution on the agenda, such as the amendment of the management rules, the election of executive officers of the management body, and the selection of controlled entities (hereinafter “instant resolution”).
2) According to the resolution of this case, the Plaintiff (532), directors C (1219), D (1022), and E (434) were elected respectively by the auditor. Meanwhile, the Defendant filed a lawsuit against Y on the termination of the building management service contract of this case and deposited the deposited amount of KRW 47,389,563 with the deposited person as the Defendant or B management body, and the Defendant deposited the deposited amount of KRW 47,389,563 in the appellate court (Seoul High Court 201Na61488), and the deposited amount of KRW 10,00,000 to the Defendant when the claim for payment of deposit becomes final and conclusive.
Therefore, in order for the Plaintiff to receive the deposit money on behalf of the management body of the instant building, it is necessary to obtain confirmation from the Defendant that the resolution by the general meeting of the management body of the instant building is valid and that the Plaintiff is the president of the management body of the instant building.
B. In a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means for the defendant to receive a judgment of confirmation against the defendant to eliminate anxietys, risks, and risks that exist in the plaintiff's rights or legal status. Thus, the defendant of a lawsuit for confirmation refers to a person who is likely to cause unstable legal status of the plaintiff by dispute over the plaintiff's rights or legal relations.