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(영문) 서울중앙지방법원 2018.06.26 2017나86516
월회비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

purport, purport, and.

Reasons

1. The Defendant, based on the facts, is a sectional owner of No. 1127 square meters of the first floor (7.43 square meters of the exclusive ownership area) and No. 2176 of the second floor (3.96 square meters of the exclusive ownership area), among aggregate buildings A with the five underground and the 12th floor size of the ground in Jung-gu, Seoul (hereinafter “instant commercial building”).

On July 22, 2006, the Plaintiff’s inaugural general meeting, the extraordinary general meeting held on June 24, 2007, and the written general meeting (the combination of each of the above general meetings referred to as “instant general meeting, etc.”), around August 2010, prepared and submitted a written consent that a large number of buyers of the instant commercial building, including the Defendant, agree to, or consent to, the matters on the agenda regarding the enactment of regulations and the election of executives.

[Ground of recognition] Facts without dispute, Gap 5, 7 through 13, 18, 19, the purport of the whole pleadings

2. The plaintiff's assertion has the substance as a non-corporate group established by 675 of total number of buyers, including the events of the commercial building of this case, 765.

As above, the Defendant agreed to the rules of a private organization, not a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and subscribed to it, and thus, is liable to pay monthly membership fees as prescribed by the rules of the Plaintiff as a member.

3. The defendant's judgment on the main defense of this case asserts that the lawsuit of this case is unlawful since the plaintiff does not have the substance of non-corporate association, which is raised by a person who has no capacity to be a party.

Article 52 of the Civil Procedure Act recognizes the capacity of a non-corporate association as a party to a lawsuit is not a corporation but a corporation has an entity as an association and conducts social activities or transactions through its representative or manager, disputes arising therefrom are intended for the organization to become a party to a lawsuit in its own name. Thus, an association mentioned above is an association.

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