손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The judgment of the court below on the ground that the plaintiff filed a tort against the defendant on the basis of each aggregate balance sheet prepared with respect to Ilyang-dong, Seoyang-gun, Ulsan-gun, Ulsan-gun, Seoul-do, the end of June 2007 and the beginning of July 19-2 of the same year (hereinafter "the apartment of this case"). However, since the plaintiff was established around February 2013 and no longer existed at the time when each aggregate balance sheet is prepared, the lawsuit of this case is an unlawful lawsuit that lacks the eligibility of the party or has no interest in the lawsuit. However, in the lawsuit for performance, the plaintiff's standing as the party is the legitimate plaintiff, and the claimant for his claim for the payment is the legitimate defendant (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994). The plaintiff's defense of this case is without merit.
The plaintiff asserts that the plaintiff is liable to compensate the plaintiff, since all proceeds, such as management expenses, etc. incurred in the apartment of this case, are assets of the apartment of this case, and 181,791,839 won among them, incurred damages to the occupants, etc. of the apartment of this case by the defendant's arbitrary use.
According to the purport of the evidence No. 4-1, No. 2, 5, and 6 of the evidence and the whole pleadings, the account of "deelty loan" that did not exist in the balance sheet as of June 29, 2007 concerning the apartment of this case is stated in the aggregate trial balance sheet as of June 30, 2007, and the account ledger for the above de deelty loan does not comply with the specific deposit and withdrawal details of the head of the Tong, while the detailed disbursement details are omitted in the account ledger as of June 30, 2007. However, even though the above facts are recognized, the defendant's management expenses incurred in the apartment of this case are entirely used for the management expenses incurred by the apartment of this case.