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(영문) 부산지방법원동부지원 2016.11.11 2016가합101326
관리인지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The attached building in Busan Shipping Daegu (J; hereinafter “instant building”) is an aggregate building consisting of 543 guest rooms and 65 commercial buildings, which were completed around June 2007.

B. The Plaintiffs are sectional owners of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 7, the purport of the whole pleadings

2. The summary of the plaintiffs' assertion made a report to the tax office on January 21, 2016 that the defendant was appointed as a manager of J Management Body, and the defendant received a unique number certificate of "J Management Body" as the representative, and the defendant sent a certificate of contents to the KK Stock Company managing the building of this case, etc., under Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "Act on the Ownership and Management of Aggregate Buildings"), which is naturally established by designating all sectional owners as the manager of the Management Body of the building of this case.

However, the defendant is not a manager of the management body of the building of this case which is naturally established under the Aggregate Buildings Act.

[The manager under the Aggregate Buildings Act is appointed by the resolution of the management body meeting (Article 24 of the Aggregate Buildings Act), and there was no fact that the management body meeting which appoints the defendant as the manager has been held. Accordingly, the plaintiffs, who are the sectional owners of the building of this case, seek confirmation against the defendant that the defendant is not in the management body of the

3. Judgment on the main defense of this case

A. The gist of the assertion is that the “J management body”, the Defendant, the administrator (representative), is a non-corporate body composed of one of the sectional owners, who is naturally established by all sectional owners under the Act on the Ownership and Management of Aggregate Buildings.

In order to confirm the status of representative of an organization, it shall be judged by the organization to confirm the existence or validity of the resolution of appointment of representative, and the judgment of confirmation against an individual who is not an organization shall be made by the organization.

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