양수금
1. Each of the plaintiffs' lawsuits against Defendant D Regional Housing Association are dismissed.
2. Defendant C Regional Housing Association, E, F, G, and H.
Article 52 of the Civil Procedure Act, which recognizes the capacity of an unincorporated association as a party to a lawsuit against Defendant D Regional Housing Association, recognizes the capacity of an unincorporated association as a party to a lawsuit. In a case where an association has the substance as an association and conducts social activities or transactions through its representative or manager, the dispute arising therefrom shall be deemed to be a party to the lawsuit in its name. Thus, the term "association" refers to a group of many persons organized for a certain purpose, which is determined as an organization to externally represent an association, and the issue of which organization has the capacity as a non-corporate group shall be determined as of the date of closing argument in the fact-finding court.
(See Supreme Court Decision 2003Da9353 delivered on October 9, 2003). In addition, in order for an association which is not a juristic person to be established, unless there is an exceptional association naturally formed without any specific organization act such as a clan or a literature, the organization must have the substance of the association. Thus, even if a certain organization determines external purpose, name, office, and representative, it shall not be deemed an unincorporated association unless there is a proof of organization to recognize the substance of the association, its financial basis, the operation of the general meeting, the management of property, and other activities as an organization.
(See Supreme Court Decision 97Da20908 delivered on September 12, 1997). According to the overall purport of the statements and arguments as stated in the evidence No. 4-2, evidence No. 5-3, and evidence No. 6-2 of the evidence No. 6-2, the agreement entered into between the I Co., Ltd. and the Defendant C District Housing Association and the Defendant D District Housing Association, etc., the association head of the Defendant D District Housing Association and the association head of the same association, the director of the same association, and the Defendant F are deemed to have entered each of the above facts, but only on the basis of the above facts recognized.