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(영문) 의정부지방법원고양지원 2015.08.19 2015가합71009
로데오관리단관리인 및감사지위 부존재확인
Text

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

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

Reasons

1. The plaintiffs' assertion

A. On May 2006, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a building management consignment agreement with the Frandong-gu Seoul Metropolitan Government E (hereinafter “F) management body (hereinafter “instant management body”) and then is the management body of the said commercial building. Plaintiff B is the owner of 409 U.S. value.

B. According to the management body rules of this case, if the FF loses the ownership of a store, he/she shall be disqualified as the representative member of the management body of this case, and the executive officers of the management body of this case shall be selected from among the representative members. Defendant C did not have been appointed as the president of the management body of this case. Defendant C did not lose the ownership of the 6th floor portion, thereby losing the ownership of the 6th floor portion, and Defendant D did not have the qualification of the representative member, which was not elected from

C. Nevertheless, Defendant C is the chairman and the manager (representative) of the Representative Committee of the instant management body; Defendant D is the representative member and the officer (auditor) of the instant management body; and Defendant D is operating the management body by selecting a new management company and concluding a management entrustment agreement. Therefore, Defendant C’s representative committee and the manager (representative) status, and the representative member and the officer (auditor) status of Defendant D are not nonexistent.

2. Whether the lawsuit of this case is lawful

A. On its own initiative, it is permissible to obtain a judgment of confirmation in order to eliminate risks or apprehensions with respect to the Plaintiff’s rights or legal status in a case where there is an immediate interest in confirmation.

A resolution of the board of directors of a school juristic person is a school juristic person which is a decision-making of the school juristic person and thereby is the subject of legal relations, and thus, the resolution is obtained from the school juristic person to confirm whether or not the resolution of the appointment of directors exists or not.

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