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1. The Plaintiffs’ lawsuit against Defendant D was concluded on March 19, 2015 as the withdrawal of the Plaintiffs’ lawsuit.
2. The plaintiffs' defendant.
Reasons
1. The basic fact is that Plaintiff A, as a resident of the 105 North-gu, Chungcheongnam-gu, Ulsan-gu, Seoul (hereinafter “instant apartment”), was sent to the Dong representative election (hereinafter “instant election”) that was implemented on October 26, 2013 in the instant apartment on the 105 unit, and Plaintiff B is the resident of the 113 unit unit of the instant apartment.
Defendant C was elected as Dong representative of the instant apartment 105 unit in the instant election, and Defendant D was elected as Dong representative of the instant apartment 113 unit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. The Plaintiffs’ legal representative of the Plaintiffs’ declaration of termination of the lawsuit against Defendant D was present on March 19, 2015 at the third date for pleading, and the Defendants’ legal representative stated that he/she consented to the withdrawal of the lawsuit. As such, the Plaintiffs’ legal representative was present on May 21, 2015 and stated that the lawsuit against Defendant D was concluded on the fifth date for pleading, and thus, the litigation relations is unclear because the Plaintiffs’ legal representative is present on May 21, 2015, and stated that it is only Plaintiff B, who is subject to prosecution against Defendant D on March 19, 2015. Thus, the Plaintiffs’ legal representative is a declaration of termination of the lawsuit in order to clarify the termination of the lawsuit against Defendant D.
3. Whether the plaintiffs' lawsuit against the defendant C is legitimate (the defendant's defense prior to the merits)
A. The Defendants asserted that the plaintiffs' lawsuit against Defendant C should be dismissed as there is no benefit of confirmation.
B. The benefit of confirmation is recognized at the time of the most effective and appropriate means to obtain a confirmation judgment in order to eliminate the risk of rights or legal status, and in particular, a representative belonging to an organization or a member’s claim to confirm the existence of the status of the organization is sufficient if the organization is the defendant in principle, and the representative or the member’s individual is the defendant.