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(영문) 서울북부지방법원 2016.09.22 2015가합23127
건물명도
Text

1. The Defendants shall be jointly and severally liable:

A. (1) It is transferred to Plaintiff A, and (2) it is transferred to Plaintiff A, and (2) it is 154,769.

Reasons

1. Determination on this safety defense

A. (1) The summary of the Defendants’ assertion on the main safety defense against the Plaintiff A and B asserted that each of the lease agreements on each of the commercial buildings listed in the separate sheet concluded between the Defendants and Plaintiff A and B was terminated due to the Defendants’ delinquency in rent, and as to the instant lawsuit seeking the payment of rent for the delivery and delay of rent for each of the commercial buildings listed in the separate sheet, the Defendants are not entitled to represent the sectional owners of each of the commercial buildings listed in the separate sheet, and they were not authorized to conclude the lease agreement from the above sectional owners, and thus, they asserted that the instant lawsuit filed by the Plaintiffs was unlawful as filed by the non-

(2) The judgment of the court below, the plaintiff A, and B filed the suit of this case as the lessor of the lease agreement of this case. The plaintiff A and B filed the suit of this case, and the issue of whether the plaintiff who asserted as the claimant has standing to sue in the performance lawsuit has the right to claim of this case as alleged by the defendants shall be determined within the judgment of the court below. Thus, the defendants' defense to

B. (1) The summary of the Defendant’s assertion on the main safety defense against the Plaintiff C Superior Management Body (hereinafter “Plaintiff Management Body”) filed the instant lawsuit with the Director stating J as the representative of the Plaintiff Management Body. The J is not a legitimate representative of the Plaintiff Management Body.

Therefore, the instant lawsuit is unlawful as it is filed by a person without the power of representation.

(2) Article 60 of the Civil Procedure Act applicable mutatis mutandis to the representative or manager of a juristic person or an association which is not a juristic person pursuant to Article 64 of the same Act, where there exist any defects in granting a litigation capacity, authority of legal representation, or authorization required for procedural acts, the court shall order to correct them with fixing a period, and the litigation capacity,

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