2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The plaintiff asserts that the plaintiff is the management office or controlled entity of the 1st underground floor and the 5th ground-based building in Ansan-si, the 5th ground-based building (hereinafter "the commercial building of this case") located in Ansan-si, and that the defendant who is the owner of the underground parking lot of the commercial building of this case seeks to pay the management fees in arrears and the damages for delay thereof, on the ground that the defendant did not pay the management fees, among the commercial buildings of this case, against the defendant. The defendant did not have the standing to sue, and therefore,

B. 1) In a lawsuit for performance, the standing to be a party is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether or not there exists the right to demand performance is a matter to be confirmed through a deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005). The defendant's defense that the plaintiff has no standing to be a party to the lawsuit is without merit. However, the defendant's above defense includes the plaintiff's assertion that the plaintiff is not an organization with standing to be a party to the lawsuit. Thus, in light of the above, first of all, whether the plaintiff falls under the management body under the Act on the Ownership and Management of Aggregate Buildings of the Commercial Building (hereinafter "the Aggregate Buildings Act"), Article 23 (1) of the Aggregate Buildings Act provides that "if a sectional ownership relationship with the building is established, all the members of sectional owners and the management body is established for the purpose of the management body's operation of the building and its appurtenant facilities.