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1. The plaintiff's appeal is dismissed.
2. The costs of appeal are borne by B indicated as the representative of the plaintiff.
purport, purport, and.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except that the third-party 8 to 17 of the judgment of the court of first instance is used as follows, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. The part which was used by the plaintiff as an aggregate building in Seongbuk-gu Seoul Metropolitan City (hereinafter “instant aggregate building”) is cited by the main sentence of Article 420 of the Civil Procedure Act.
(1) Since a non-corporate association or foundation may become a party to a civil lawsuit pursuant to Article 52 of the Civil Procedure Act, it is necessary to establish an organization that has the substance as an association as a combination of many persons organized for a specific purpose. The decision-making and enforcement, representative organ, and rules on its organization and operation must be prescribed (see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). Furthermore, if a group is only a subordinate organization or internal organization of another organization without identity, it cannot be deemed an association with the ability to become a party to the lawsuit (see, e.g., Supreme Court Decision 91Da37683, May 12, 1992).
According to Article 23(1), if a sectional ownership relationship is established with respect to a building, sectional owners shall organize a management body, the purpose of which is to carry out the business of managing the building and its site and its annexed facilities, as all the sectional owners. In such cases, where a management body is not established only through an organizational act, but there is a building which constitutes sectional ownership, the management body shall naturally be formed with all the sectional owners as members. If a management body is composed of sectional owners and meets the purpose of the above Act, it shall be an organization consisting of