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The judgment below
The part of the monthly membership fee claim is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The lower court determined that the Plaintiff was liable to pay the Plaintiff membership fees to the Defendant in accordance with the Plaintiff’s resolution on July 2, 2007, on the ground that the Plaintiff’s general meeting (hereinafter “instant general meeting”), the five underground floors located in Jongno-gu, Seoul, and the 12th floor A shopping mall (hereinafter “instant commercial building”), located in the 3rd class of the ground, held in the 3rd class of the 12nd class of the 12nd class of the 12nd class of the 2nd class of the 2nd class of the Seoul, Jung-gu, the 2007 general meeting, the extraordinary general meeting of June 24, 2007, and the organization established based on the written resolution around August 2010, on the ground that there were 675 members, including enforcement company C, as part of raising funds for the activation of the instant commercial building, and raising expenses for the operation and performance of affairs of the organization.
2. However, the lower court’s determination is difficult to accept for the following reasons.
(1) The issue of party capacity falls under the matter of ex officio investigation by the court, and thus, the court should ex officio investigate the facts that constitute the premise of determining party capacity, without the need to be bound by the parties’ allegations.
In addition, when determining whether a party's ability is a party's ability, the party's ability to sue is recognized if the party's existence of an organization having such meaning as a social entity, such as the purpose, organization, and members of the organization, is recognized, and if the organization actually exists, the party's ability to sue is recognized, and it is sufficient if the lawsuit is dismissed as illegal, and the party's ability is entirely different from the party's assertion.