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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the legitimacy of the instant lawsuit is that the “managing body” under the B Apartment Management Rules is the management office (or the head of the management office that is its representative), and thus, the Plaintiff is seeking to preserve and preserve the documents managed by B apartment and to copy the documents listed in the attached list.
According to the Multi-Family Housing Management Act and the Multi-Family Housing Management Act, occupants, etc. of multi-family housing of the same scale or larger shall autonomously manage the multi-family housing, or entrust the management of the multi-family housing to the housing management operator, and the council of occupants' representatives shall appoint the head of the management office as the representative of the autonomous management organization, and shall organize an autonomous management organization,
(Articles 5 through 7). Meanwhile, the "managing body" under the Multi-Family Housing Management Act and the Housing Act means the head of the management office of multi-family housing and the housing management operator, etc.,
(Article 2(1)10 of the Multi-Family Housing Management Act, Article 2 subparag. 29 of the Housing Act, etc. are subject to various administrative obligations to the management entity of multi-family housing and to manage multi-family housing in a transparent, safe, and efficient manner.
However, the management office of multi-family housing means a chief of the management office appointed by an autonomous management organization or a housing management organization of the relevant multi-family housing and an organization composed of its employees, and has an individual legal personality only to be an internal organization or a subordinate organization belonging to an autonomous management organization or a housing management organization
It is difficult to view it as a non-corporate body, etc. with the capacity of the party under the Civil Procedure Act, and there is no other data to recognize the defendant's party ability.
Furthermore, the head of the management office or the head of the management office.