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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination on the defense prior to the merits
A. As to the party capacity, the defendant asserts to the effect that the lawsuit of this case filed by the plaintiff is unlawful, since the plaintiff has no substance to acknowledge the legal personality of the plaintiff, since it has no capacity to
On the other hand, Article 52 of the Civil Procedure Act provides that a non-corporate association shall have an entity as an association, not a juristic person, and where social activities or transactions are conducted through its representative or manager, disputes arising therefrom shall be settled by the organization as a party in its own name. According to each of the statements and the whole purport of the arguments, the plaintiff shall establish articles of association (Evidence A 25) with the purpose of efficient operation, etc. of the commercial building. The decision-making is made at a general meeting in accordance with the articles of association, such as the attendance of a majority of the incumbent members and the consent of a majority of the present members or by a written agreement of at least 4/5 of the incumbent members, and the general meeting and the board of directors, the executive officers, and the executive officers shall have a written consent of at least 4/5 of the plaintiff 10 on August 10, 2015, and the defendant's organization shall have the ability to become a party in a lawsuit and shall not have the ability to become a party in a lawsuit as an employee with at least two consecutive years's experience.
B. As to the standing to be a party, the defendant asserts that the lawsuit of this case should be dismissed, not by the legitimate party, since there is no right to claim management expenses against the plaintiff.
In the lawsuit of performance, the right to claim performance, which is a subject matter of lawsuit, shall be himself.