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(영문) 창원지방법원 2016.08.18 2015가합3143
계약무효확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

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

Reasons

1. Facts of premise;

A. The Plaintiffs are the co-owners of the G shopping district building located on the H of Sung-gu, Sungwon-si (hereinafter “instant shopping district”); and the Defendant is the company with the purpose of redevelopment and reconstruction of real estate.

B. The instant commercial building consists of 110 commercial buildings, and the sectional owners include 55 Plaintiffs.

C. On the other hand, on May 1, 2015, the Defendant entered into a management agreement with the “G stores’ management body” and the instant shopping district rebuilding management agreement (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The plaintiffs' assertion

A. The instant commercial building was managed by the “G shopping mall,” but only the sectional owners of the instant commercial building, at will, on April 19, 2015, the I convened a part of the sectional owners of the instant commercial building, and established the “G shopping mall,” and entered into the instant contract with the Defendant on May 1, 2015.

B. However, the above GH management body cannot be deemed a legitimate management body of the commercial building of this case, and I does not have the qualification as the representative of the management body of the commercial building of this case. Thus, the contract of this case concluded between GH and the defendant is null and void.

3. Judgment on the main defense of this case

A. As to the plaintiffs' seek confirmation of invalidity of the contract of this case against the defendant, the defendant asserts that there is no benefit to the plaintiffs to seek confirmation of invalidity of the contract of this case.

B. A lawsuit for confirmation does not necessarily have to be limited to a legal relationship between the parties, but can be subject to the legal relationship between one of the parties and a third party or between a third party. However, in order to file a lawsuit for confirmation of the above legal relationship, there should be a risk proposal existing in the claimant’s rights or legal status according to the said legal relationship, and in order to remove this, it shall be immediately made by the confirmation judgment as to the said

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