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(영문) 전주지방법원 2016.07.21 2015나6077 (1)
월회비 등
Text

1. The plaintiff's appeal is dismissed.

2.The claims extended at the trial and the ancillary claims.

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff primarily claimed payment of monthly membership fees, etc. to the Defendant on the premise that the Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”). In addition, the Plaintiff, as a voluntary organization established according to the voluntary will of the sectional owners of E-building, added the Plaintiff’s claim for payment of monthly membership fees, etc. to the Defendant insofar as the Defendant consented thereto.

2. Determination on the part of the main claim among the instant lawsuit

A. Even if the part requested by the court of first instance examined all the newly presented evidences at the court of first instance, this part of the evidence is the same as the part of the judgment of the court of first instance, and thus, this part of the evidence is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. As seen earlier, the part C extended in the trial cannot be deemed to have been elected as a legitimate representative of the plaintiff.

C. According to the theory of the lawsuit, the part of the Plaintiff’s primary claim is unlawful.

3. The same applies to the conjunctive claim that C’s judgment on the conjunctive claim among the instant lawsuit cannot be deemed as a legitimate representative of the Plaintiff as a management body under the Aggregate Buildings Act.

[Plaintiff added a conjunctive claim at the trial, and even if it cannot be seen as a management body organized under the Act on the Ownership and Management of Aggregate Buildings, the Defendant, who consented to the rules of a private organization and joined the rules of a private organization, is obligated to pay monthly membership fees as stipulated in the rules. If the Plaintiff’s aforementioned assertion includes the purport of seeking a change of a party to another organization entirely different from the management body under the Act on the Ownership and Management of Aggregate Buildings and the objective entity originally asserted by the Plaintiff, it may not be allowed as a party’s change (see Supreme Court Decision 2015Da7083, Jul. 14, 2016).

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