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1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.
2. The plaintiff's defendant B Eart management body
Reasons
1. Basic facts
A. Defendant BEt management body (hereinafter “Defendant management body”) is a management body under the Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555, Dec. 18, 2012; hereinafter “the Aggregate Buildings Act”) comprised of all sectional owners of the fourth underground floor in Ansan-si, Ansan-si and the tenth-story Condominium Group (hereinafter “instant building”).
B. The Plaintiff is the sectional owner of 501 and 502 of the instant building, and Defendant C is the sectional owner of 809 of the instant building, who was elected as the president of the Representative Committee in the 21st executive election of the Defendant management body implemented on June 28, 2016.
C. Meanwhile, around June 2015, Defendant C was sentenced to a fine of KRW 3,000,000 (Seoul District Court Decision 2016Da470) and the said judgment became final and conclusive on the grounds that Defendant C interfered with the collection of management expenses of Defendant C by fraudulent means.
[Ground of recognition] A without dispute, Gap evidence 4, 5 evidence, Eul evidence 11 (including each number), the purport of the whole pleadings
2. Determination as to the legitimacy of the claim against Defendant C
A. The plaintiff is the representative committee of the defendant management body under the Act on the Ownership and Management of Aggregate Buildings, which is a management committee under the Act on the Ownership and Management of Aggregate Buildings, and was appointed as the president of the representative committee even though the defendant C is disqualified for managing members, and also the defendant C is not in the representative committee of the defendant management body.
(b) ex officio consider the case where a suit is filed against the representative or an individual of an unincorporated association or a member in a suit seeking confirmation on the status of the representative or member of an unincorporated association, the ruling citing the claim shall be issued.
Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or members.