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(영문) 수원지방법원 2019.08.14 2018나82342
임차보증금등 반환
Text

1. The plaintiff's appeal is dismissed.

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

purport, purport, and.

Reasons

1. Whether the lawsuit of this case is lawful

A. The defendant's main defense prior to the merits is to claim against the defendant for the return of the unpaid lease deposit with respect to the fifth floor of the building E in Suwon-si, Suwon-si, and for the payment of damages equivalent to the interest accrued due to delay in the return of the defendant's deposit for lease. The defendant asserted that the plaintiff has no capacity to stand as the sub-site of the incorporated association A because it has no identity as a separate

B. In a case where Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate association as a party to a legal entity, even though it is not a legal entity, it is intended to establish an entity as an association and conduct social activities or transactions through its representative or manager, the dispute arising therefrom shall be settled by the organization as a party to a lawsuit in its own name. Thus, an association here refers to an organization with a provision regarding an organization externally representing an association, which is a combination of many persons organized for a certain purpose (see Supreme Court Decision 97Da18547, Dec. 9, 197). Even if it is a subordinate organization, it shall be deemed that it is a non-corporate association which is not a legal entity that is recognized as an independent social organization under its own rules as an independent social organization.

(See Supreme Court Decision 76Da2194 delivered on January 25, 197). Therefore, the following circumstances, which are acknowledged by adding the whole purport of the pleadings to the statements in evidence No. 16, i.e., the Plaintiff was established as a branch on November 9, 2010 on the condition that the Gyeonggi-do Branch of an incorporated association complies with A’s articles of association and relevant provisions, and the Plaintiff did not have separate rules or articles of association, and the Plaintiff has a chairperson who is an executive organ and ten volunteers, and the Plaintiff is based on its own rules or articles of association.

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