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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The defendant asserts that the lawsuit in this case is unlawful as the plaintiff should be the Korea Certified Architects Association, Gwangju Metropolitan City Building Association (hereinafter referred to as the "Building Association").
However, in a lawsuit for performance, the standing to be a party lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is to be proved through a deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The defendant's defense on the principal safety
2. Judgment on the merits
A. The Plaintiff’s assertion entered into an agreement on the appointment, etc. of a building society and an agent architect pursuant to the former Building Ordinance of Gwangju Metropolitan City around 2004, and according to the said agreement, the building society had the Plaintiff, etc. carry out a field investigation, inspection, and confirmation of the parcel. As such, the Defendant shall pay the Plaintiff, etc. an agent fee as stated in the purport of the claim.
B. According to the facts without any dispute between the judgment parties and the evidence Nos. 1 (including the provisional number), the defendant entered into an agreement on the appointment, etc. of a certified architect with a building society, and Article 2 of the above agreement provides that the defendant shall entrust the building society with matters concerning the appointment, designation, etc. of a certified architect and matters concerning agency fees, and Article 4 of the above agreement, and Article 4 of the above agreement provides that the building association shall claim fees from the defendant, and the defendant shall pay agency fees to the building society pursuant to the provisions of the Building Ordinance of Gwangju Metropolitan City, and Article 5 of the above agreement provides that the building society shall designate an agent and notify the defendant of the designation of an agent. Accordingly, the defendant shall, upon the request of the Certified Architect's meeting,