보관금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.
1. The plaintiff's assertion that the defendant did not pay KRW 60 million for the development fund under the articles of association of the Federation, even though he was elected as the chairperson of the Gyeonggi-do Federation (hereinafter "Federation"). The defendant used the total amount of KRW 95,441,755 for the fund, support fund, etc. of the Federation without permission, and the federation delegated the right to exercise each of the above rights to the defendant to the plaintiff and the designated parties (hereinafter "the plaintiff"), who are members of the emergency countermeasure committee of the Federation, the defendant is obligated to pay the plaintiff the total amount of KRW 15,41,755 for the development fund and the damages for delay.
2. Judgment on the defendant's main defense
A. The defendant's assertion is an unincorporated association and its members collectively own the property of the federation. Thus, the plaintiffs, which are part of the members of the federation, filed the lawsuit of this case concerning the property of the federation is illegal, and there is no delegation from the federation to exercise the above rights.
B. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 6 and Eul evidence Nos. 4-1, 2, and 3, the Federation may recognize the fact that each of the members of the 31 Sis/Guns of Gyeonggi-do is an organization promoting ties and rights and interests projects, etc. between the Federation and its members. According to the above facts, the Federation is an unincorporated association and its ownership form constitutes collective ownership. A lawsuit on collective ownership property is limited to the name of an unincorporated association itself, or all of its members are parties to the lawsuit, and in the latter case, it is necessary co-litigation (see Supreme Court Decision 92Da50232, May 24, 1994). The plaintiffs filed the lawsuit of this case seeking the payment of the Development Fund and claims against the defendant by the Federation as part of the members of the Federation.