1. The plaintiff's appeal is dismissed.

2. The costs of appeal are borne by the representative of the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. On November 17, 2005, the sectional owners of the 1st or fourth floor of Jongno-gu Seoul Metropolitan Government A commercial building established the "A" store management body for the management of the above building portion. The plaintiff is an unincorporated association with the same management body and substance as above, and there was a change in the name after its establishment. Since the defendant leased and used the 6th floor of the A commercial building from his owner to December 2010, because he did not pay the total of 17,85,696 won of the electricity and water rates from January 2009 to December 2010, the defendant paid the above money to the plaintiff.

2. According to Article 52 of the Civil Procedure Act regarding the defendant's defense prior to the merits, an association or foundation which is not a juristic person may become a party in the name of the association or foundation, if there is a representative or manager. Based on the rules by which organization has the nature of an association with its own objective, it has an organization such as setting up a decision-making body and appointing a representative who is an executive body, based on such rules, and its decision-making body or execution method is carried out in accordance with the principle of majority majority. regardless of the organization's accession, withdrawal, etc., the organization itself exists, regardless of the method of representative, operation of the general meeting or board of directors, etc., operation of the board of directors, composition of capital, management of property, or other important matters of the organization, the organization has the substance as a non-juristic body (see Supreme Court Decision 2007Da63683, May 29, 208). The plaintiff has the nature of an association as a representative or a non-corporate body, and the plaintiff has the nature as a representative or a non-corporate body.