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(영문) 수원지방법원안양지원 2015.02.11 2012가단28804 (1)

비닐하우스 등 철거 및 토지인도

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Except as otherwise expressly provided for in the articles of incorporation, a resolution at a general meeting of members shall be required for litigation concerning the management and disposal of property in collective ownership.

(See Supreme Court Decision 98Da46600 Decided October 22, 199, Supreme Court en banc Decision 2004Da44971 Decided September 15, 2005, Supreme Court Decision 2008Da20898 Decided November 27, 2008, etc.). Therefore, in cases where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving property jointly owned by it, it shall undergo a resolution of a clan general meeting, unless there are special circumstances.

In accordance with these legal principles, there is no evidence to acknowledge this in this case, after examining whether the Plaintiff held a clan meeting to file the instant case.

[A] The minutes of the Class A submitted by the Plaintiff (No. 8) are deemed to satisfy the above conditions, rather than the resolution of the general meeting for filing the instant lawsuit, only by the ordinary meeting for settlement of accounts as of January 6, 2013. It cannot be deemed that the instant lawsuit was filed without the legitimate general meeting resolution of the Plaintiff clan. Therefore, it is unlawful to deem that the instant lawsuit

If so, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.