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(영문) 서울중앙지방법원 2018.12.17 2017가단97164
채무부존재확인의 소
Text

1. All the principal lawsuit and counterclaim of this case shall be dismissed.

2. Of the costs of lawsuit, the parts arising from the principal lawsuit.

Reasons

We examine the defendant's ability to stand a party.

According to the management rules of B apartments, the defendant is not an organization naturally formed with all members of B apartment as members, but an organization comprised of nine members with higher number of members from the election of management members at the managing body's meeting (Article 51 also takes place at the managing body's meeting). The defendant is obligated to deliberate and decide on the important matters of the management body's work conducted for the management of aggregate buildings or matters delegated by the managing body's meeting (Article 53). Transactions with the defendant, such as the conclusion of insurance contracts or management consignment contracts, are the main body of management body, not the defendant (Article 28); the defendant's management members are not members of the managing body, not members of the managing body; the defendant's members are not members of the managing body, but members of the managing body (Article 51); the defendant's financial affairs cannot be deemed independent from the managing body, such as the payment of evidentiary materials; the defendant's internal management body is not members of the managing body; the defendant is not members of the managing body, not members of the managing body; the defendant is not members of the managing body.

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