1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is called the Plaintiff’s representative.

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

The capacity of the parties is the legal capacity under the Civil Procedure Act to become the parties to a lawsuit, and an unincorporated association shall be an unincorporated association which determines the intent of the combination as a combination of many persons with a certain objective and which shall not be a juridical person which has determined the capacity of the entity and whose representative or manager is determined.

(See Supreme Court Decision 97Da18547 delivered on December 9, 1997, etc.). Therefore, in order to be deemed a “unincorporated association”, an entity shall have the same organization as an unincorporated association in its substance, and shall be independent of its members with a certain duration of existence. The method of appointing a representative, operation of a general meeting, and other important matters as an association must be determined by the articles of incorporation.

Article 43 of the former Housing Act (amended by Act No. 1233, Jan. 24, 2014) (1) Article 43 of the Housing Act (amended by Act No. 1233, Jan. 24, 2014) (1) Article 43 of the Housing Act (1) that has constructed multi-family housing prescribed by Presidential Decree (including cases where a house other than a house is constructed as the same building with facilities other than a house after obtaining a building permit under Article 11 of the Building Act, and subsidiary facilities and welfare facilities are included, but excluding facilities sold to the general public among welfare facilities; hereinafter the same shall apply) shall manage the relevant multi-family housing until a majority of prospective occupants move into

(2) Residents shall autonomously manage a collective housing falling under paragraph (1) pursuant to paragraph (4), or manage it by entrusting a housing management operator under Article 53 with the management thereof.

(3) Upon receipt of a request under paragraph (1), an occupant shall organize a council of occupants' representatives within three months from the date on which he/she receives such request.