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(영문) 서울중앙지방법원 2017.09.13 2017나6435
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The defendant asserts to the effect that the lawsuit of this case filed by the plaintiff is unlawful, since the plaintiff did not have any substance to acknowledge the legal personality of the plaintiff.

However, Article 52 of the Civil Procedure Act does not recognize the capacity of a non-corporate company as a party to a non-corporate company. If a non-corporate company has an entity as an association and is engaged in social activities or transactions through its representative or manager, disputes arising therefrom shall be settled in its own name by lawsuit. According to the contents of evidence Nos. 13 through 29, 56 through 58, and the whole purport of arguments, the plaintiff established articles of association for the purpose of efficient operation, etc. of commercial buildings. The decision-making has the articles of association for the purpose of the establishment of 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 a written agreement of at least 4/5 of the incumbent members, and the general assembly and the executive members of the non-corporate company are appointed with at least 4/5 of the members of the board of directors who are engaged in a position in the business for at least two consecutive years on August 10, 2015 through the written consent of at least two-year members. The defendant's defense as a non-corporate.

2. Judgment on the merits

A. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" as to the assertion that the plaintiff added to this court, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the

The first instance court is legitimate.

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