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1. The judgment of the court of first instance is modified as follows.
The plaintiff's lawsuit against the defendant C corporation is below.
(b).
Reasons
1. The reasons for this part of the basic facts are as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the grounds for the judgment of the court of first instance; and (b)
2. The reasoning for this part of the Plaintiff’s assertion is that of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination as to the defense prior to the merits of Defendant C and Guarantee Corporation
A. The gist of the claim 1) that the plaintiff is not a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act") is merely a voluntary organization of a commercial circuit consisting of sectional owners and lessees, etc., and cannot be viewed as a management body under the Act on the Ownership and Management of Aggregate Buildings. Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings provides that "If a sectional ownership relationship with respect to a building is established, the building consisting of all sectional owners and the management body is established for the purpose of the management of the site and its accessory facilities." The management body is not established only through any act of organization, but it is naturally an organization consisting of all sectional owners (see Supreme Court Decision 94Da49687, 94Da49694, Mar. 10, 1995). If it conforms to the purport of Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings, a management body composed of sectional owners and sectional owners can act as a management body regardless of its form and name.
(See Supreme Court Decision 94Da27199, Aug. 23, 1996). The following circumstances are revealed by comprehensively taking account of the respective descriptions of evidence Nos. 4 through 7 and the purport of the entire pleadings.