임차료지급청구 등
1. The defendant shall pay to each of the plaintiffs 15,080,600 won and 15% per annum from April 14, 2018 to the day of complete payment.
1. The defendant asserts that the lawsuit of this case is unlawful because the plaintiffs did not have any substance as non-corporate body, and it did not have the ability to do so, and it did not go through the residents' general meeting at the time of filing the lawsuit of this case concerning collective ownership.
However, comprehensively taking account of the purport of the entire arguments in evidence Nos. 1, 2, 12, and 25 as a whole, the plaintiffs are naturally formed nature and consist of 54 households and 52 households, respectively. The facts elected by each representative, the agreement on the formation of a fishing place along with D type D and the lease of a fishing place following the formation of a fishing place according thereto, and the plaintiffs may recognize the fact that they hold a residents' general meeting for the ratification of the filing of the lawsuit in this case even after a division into A and B by the amendment of the ordinance, and there is no counter-proof.
Therefore, the plaintiffs are deemed to have been engaged in internal and external activities as an organization with substance. Therefore, the plaintiffs are deemed to have a party's ability.
On the other hand, according to the above evidence, A's residents' council had undergone a residents' general meeting on August 26, 2017 concerning the filing of the instant lawsuit, and B's residents' council may also recognize the fact that it passed the residents' general meeting on November 11, 2017, and there is no reflective evidence.
Therefore, the Plaintiffs subsequently ratified the instant lawsuit.
Ultimately, the instant lawsuit is lawful.
2. Judgment on the merits
A. Fact 1) On August 30, 2002, the residents association of D and B before water system (hereinafter referred to as the “leased”) drafted an agreement to create a fishing place in the Yangju-si, E, F, G, and H’s approximately 6,000 square meters, part of the H’s land owned by the clan, and B established a fishing place by constructing a steel-frame 737 square meters in G land, etc., and a 219 square meters in the steel-frame prefabricated restaurant for steel-frame prefabricated (hereinafter referred to as “the above ground”). 2) On December 6, 2002, the lessor leased a fishing place in the B Environmental Protection Committee for KRW 2,00,000 on a monthly basis and from September 206, 2006.