1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.

1. Basic facts

A. Defendant B is the manager appointed by the management body composed of the sectional owners of “A” (hereinafter “instant building”), which is an aggregate building in Daegu-gu (9th and 18th generation), located in “A” (hereinafter “instant building”); the comprehensive management body of Defendant Won-gu is the controlled entity of the instant building; Defendant C and D are the employees of the comprehensive management body of Defendant Won-gu Co., Ltd. working as security guards; and E is the owner of the instant building 102.

B. From January 25, 2013 to January 24, 2015, Defendant B entered into a management contract with the original comprehensive management company, which provides that the term of the contract shall be from January 25, 2013 to January 24, 2015, two managers shall be stationed in order to carry out the overall business (unified and miscellaneous business) in the instant aggregate building, and the scope of the management shall be “the performance of the business (settlement of management expenses) to be imposed and collected by settling accounts for each household by calculating the management expenses.” The comprehensive management company of Defendant B, Inc., has been performing the management of the instant building in accordance with the said contract.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence No. 5-1 to 3, the purport of the whole pleadings

2. The Defendants asserted that “The instant lawsuit was instituted by a person incapable of being a party, as the Plaintiff did not have the substance as an organization, and is unlawful, and even if the Plaintiff exists as a council of occupants’ representatives, E cannot be deemed a legitimate representative of the Plaintiff, and thus, the instant lawsuit is unlawful.”

However, if an organization is an unincorporated association and has the ability to be a party pursuant to Article 52 of the Civil Procedure Act, it shall establish rules with its own objective and, on this basis, have a representative who is a decision-making body and an executive body based on such rules, have a decision-making body and an executive body, and the method of decision-making or execution of business is conducted by the principle of majority majority, and it shall be regardless of any change