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(영문) 서울고등법원 2013.06.27 2011나52781
손해배상(하자보수에 갈음하는)
Text

1. Based on the appeal filed by the Plaintiff (Appointeds) and the Defendant Il-gu Construction Co., Ltd., this Court is added to this Court.

Reasons

A. The 110 of the designated parties in the list (hereinafter “the designated parties”) agreed to the repair plan of AS Construction and transferred the right to the defect repair of apartment buildings to the council of occupants’ representatives after the instant lawsuit. The Defendants raised an objection to the qualifications of the designated parties on the ground that the aforementioned designated parties’ letter of appointment cannot be deemed to have been prepared according to the genuine intent of the designated parties on the ground that it is difficult for the aforementioned designated parties to the lawsuit.

③ The Plaintiffs submitted 273 identification cards (such as resident registration certificates, driver’s license, passport, and Korean resident registration card of foreign nationality) among the designated parties listed in the list of designated parties in attached Form 1 in this Court. The Plaintiffs submitted 244 personal seal impression of the Plaintiffs and designated parties listed in the list of defect repair expenses for each household in attached Form 4 (the part on which the Plaintiffs and designated parties in attached Form 3 indicate “*” in the item on the list of defect repair expenses for each household in attached Form 3). In addition, the designated parties listed in the list of designated parties in attached Form 1 submitted the certificate of personal seal impression of five households (5 households 1302, 1402, 207, 303, 207, 302, 502, 217, 217, 103) from among the designated parties listed in the list of designated parties in attached Form 1.

The court shall ex officio investigate whether the appointed party is qualified or not, i.e., whether the appointed party is qualified to be a party, and the appointed party shall prove his/her qualification in writing.

If any defect exists in the selection, a court shall order the correction thereof, and, if not corrected, the lawsuit against the designated party or the designated party shall be dismissed as a lawsuit lacking the standing.

According to the above facts of recognition, it is listed in attached Table 1.

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