beta
Text
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.
Reasons
1. The sectional owners of the first or fourth floor of the building in Jongno-gu Seoul Metropolitan Government were organized by the Plaintiff for the management of the said building portion on January 1, 2009. The Defendant did not pay the said amount of money to the Plaintiff since the Defendant did not pay the sum of the electricity and water rates from January 1, 2009 to December 31, 2010, as the Plaintiff did not pay the said amount of KRW 17,765,698 in total, from January 1, 2009 to December 31, 2010.
2. According to Article 52 of the Civil Procedure Act regarding the defendant's main defense, an association or foundation which is not a juristic person may become a party in the name of the association or foundation when there is a representative or manager. A certain organization establishes rules which have the nature of an association with its own original purpose and has a decision-making institution and an execution agency's representative based on such rules, and its decision-making institution and execution method are carried out according to the principle of majority. regardless of the organization's accession, withdrawal, etc., the organization itself remains in existence, regardless of the method of representative, the operation of the general meeting or board of directors, etc., the organization of the board of directors, the composition of capital, the management of property, and other important matters of the organization. (See Supreme Court Decision 2007Da63683, May 29, 2008), and there is no evidence to acknowledge that the plaintiff has the ability to act as a non-juristic body in this case as a representative, decision-making institution, etc. on the basis of the evidence No. 1, 2, and evidence No. 171.
3. If so, the lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is justified.