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(영문) 부산지방법원 2018.08.22 2017나9623

용역비

Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Whether a subsequent appeal is lawful;

A. On June 14, 2016, the court of first instance rendered a judgment citing the Plaintiff’s claim on June 14, 2016 after delivering a duplicate of the complaint of this case to the Defendant and a notice of the date for pleading by public notice, and subsequently rendered a judgment citing the Plaintiff’s claim, and served the original copy of the judgment to the Defendant by public notice. On December 5, 2017, the Defendant inspected the record of trial at

Therefore, the appeal of this case filed by the Defendant within two weeks from December 5, 2017, which became aware of the fact that the judgment of the court of first instance was served by public notice was served by public notice, was lawful. 2. Determination as to the defense of this case on December 1, 201

A. The defendant's assertion that "the occupants, etc. shall pay management expenses to the management entity" under Article 23 (1) of the Multi-Family Housing Management Act, and since the management entity and the council of occupants' representatives are divided under Article 2 (1) 8 and 10 of the same Act, the council of occupants' representatives is not the management entity, and the plaintiff does not have the standing to claim service expenses

Judgment

1) The council of occupants' representatives organized pursuant to Article 14 of the Multi-Family Housing Management Act to determine important matters concerning the management of multi-family housing by occupants, etc. under Article 2 (1) 7 of the same Act shall have an organization as an organization and have a decision-making institution and representative, and in reality, the management of multi-family housing, such as the direction and supervision of autonomous management organizations, is performed. Thus, barring any special circumstance, an association which is not a juristic person shall have the legal capacity to have judicial rights (see, e.g., Supreme Court Decision 91Da4478, Apr. 23, 191). Meanwhile, according to the Multi-Family Housing Management Act and the Enforcement Decree thereof, occupants, etc. of multi-family housing subject to compulsory management shall be