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(영문) 서울중앙지방법원 2016.03.29 2015가합536730
유지관리비 청구의 소
Text

1. The Plaintiff:

A. The central office of Defendant central store: KRW 57,845,600, and this shall be from June 27, 2015 to June 2016.

Reasons

1. The third floor operation council of the Defendant’s central branch of the judgment on this safety defense asserts that the Plaintiff’s claim against the said Defendant is unlawful, since the said Defendant’s aforementioned Defendant’s ability to stand a party under substantive law.

In a case where a certain organization establishes rules having the nature of an association with its own objective and, on this basis, has an organization which has a decision-making body and a representative who is an executive body, etc., the organization's resolution or execution method is carried out by the principle of majority majority, regardless of changes due to the joining, withdrawal, etc. of members, the organization itself exists and its organization has a representative method, operation of a general meeting or board of directors, composition of capital, management of property, or other important matters of the organization, the organization shall have an entity as a non

(See Supreme Court Decision 9Da4504 delivered on April 23, 199, etc.). In full view of the overall purport of pleadings in the statements in Evidence Nos. 1-2 and evidence Nos. 15 of this case, the third floor operating council of the defendant central shopping district has independent operating rules as an organization established for the purpose of mutual friendship and commercial development of the owners in the third floor of the building of this case, and accordingly, it has been organized by the decision-making body, such as a general meeting, a consultative council, and an executive body, and the executive officers including the president. Accordingly, according to the principle of majority, it is recognized that the organization itself exists regardless of the change of the owners in the commercial district. Thus, it shall be deemed that the non-corporate group has the substance of the Civil Act.

Therefore, the main safety defense of the 3rd operating council of the defendant central store is without merit.

2. Facts of recognition;

A. The relationship between the parties 1 Seoul Southern Market Co., Ltd. was established on February 3, 1954 as a corporation for the purpose of managing and operating the Seoul Southern Seodaemun Market, and it was established on February 3, 1954, and it was in the 21st and South Seodaemun-gu Seoul Jungmun market.

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