1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. C is the owner who purchased 357 square meters of land in Sung-gun, Seongbuk-do on December 27, 2008, and the Defendant is C’s spouse.

B. On the ground of the above land, there was 84.7 square meters in a warehouse of the first floor of the soil brick structure (hereinafter “instant warehouse”). However, around May 2013, the Defendant made a ditch on the ground abutting on the instant warehouse, and caused the Defendant to collapse the said warehouse.

C. On November 28, 2013, the Defendant was sentenced to a fine of KRW 700,000 for the criminal facts that he/she had collapsed in the warehouse of the instant case (the Daegu District Court’s Sung Branch Branch case of Property Damage and Damage) and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is, as a residents’ association of Gyeongbuk-gun E, the Plaintiff is a non-corporate body naturally occurring.

In addition, the warehouse of this case was constructed by the residents of the plaintiff around 1963, and it was owned by the plaintiff. Since the defendant damaged the warehouse of this case by unlawful act, it is liable to compensate the plaintiff for the damages incurred thereby.

B. Determination 1) An unincorporated association or foundation may become a party to a civil lawsuit, if the Plaintiff is a non-corporate body or a non-corporate body with the legal capacity or capacity to be a representative or manager of the non-corporate body. Thus, if natural father is a decision-making body or an executive body with its own proper purpose and with its own representative members, the Plaintiff shall have the legal capacity or capacity to become a non-corporate body (see, e.g., Supreme Court Decisions 78Da2364, Jan. 15, 198; 85Da2508, Mar. 10, 198; 92Da39532, Mar. 9, 1993; see, e.g., health team, Gap 10,14,15, 16, 19, 20, 21, 2221, 227 through 47, evidence and testimony of witness evidence as well as evidence Nos. 427 through 47, and evidence No.