B. The method of remedying the rights of each member in a case where there is a defect in the convocation or resolution procedure of the general meeting in the above "A" or the contents of the resolution are considerably unfair.

B. In the above paragraph A, each member of the fraternity may be relieved of his right by seeking the non-existence or nullification of the resolution in a case where there is a defect in the convocation of the general meeting or the resolution procedure, or where the contents of the resolution are considerably unfair in light of the overall circumstances such as the dependence on the fisheries of each member of the fraternity, and the destroyed fishery facilities.

The costs of appeal are assessed against the plaintiffs.

1. The facts established by the court below are as follows. 38 members of the Fisheries Cooperatives in the South and North Korea, including the plaintiffs who reside in the Seodong-ri, if the members of the Fisheries Cooperatives in the South and North Korea, were organized by the defendant fishing village fraternity in accordance with Article 16-2 of the Fisheries Cooperatives Act for the purpose of conducting joint projects to improve the productivity and living standard of the members of the fishing village fraternity. The defendant fishing village fraternity acquired the fishery right of this case as part of its business, and had each member of the fishing village fraternity engage in a negligent cultivation business within the scope of the fishery right, and the fishery right of this case was extinguished due to the construction of tide embankment in accordance with the Yeongsan River basin development project in the Yeongsan River Corporation, and the defendant fishing village fraternity received 898,547,650 won in total from the Korea Agriculture Promotion Corporation as compensation for the extinction of the fishery right of this case. The defendant fishing village fraternity continued to exist after the extinguishment of the fishery right of this case, and decided to distribute the above amount to the plaintiffs 1585 won and each of the compensation.

2. The defendant fishing village fraternity is an association which is not a juristic person organized by the members for the common purpose stipulated in the articles of association and belongs to the collective ownership of the defendant fishing village fraternity unless there are special circumstances (see Article 15(4) of the Fisheries Act). Thus, the disposition of compensation for the above collective ownership, unless otherwise stipulated in the articles of association or other regulations, shall be made by a resolution of the general meeting of the members (see Article 276(1) of the Civil Act). Article 10(1)7 of the Enforcement Decree of the Fisheries Cooperatives Act and Article 33(1)7 of the defendant's articles of association (Evidence 1) of the defendant's articles of association, stipulate that the acquisition and disposal of fishing right, real estate or other property of the fishing village fraternity shall be subject to a resolution of the general meeting, and Article 75 of the above articles of association provides that the liquidation or disposal of residual property shall also be subject to resolution of the general meeting.

Therefore, the instant compensation for losses, regardless of whether the Defendant fishing village fraternity is dissolved, may be distributed only by the resolution of the general meeting of the Defendant fishing village fraternity, and even though there is no resolution of the general meeting, Article 724(2) of the Civil Act concerning the distribution of residual property in the event the association is dissolved under the Civil Act, shall be applied mutatis mutandis, so that each member may not directly claim for the distribution of his/her shares against the Defendant fishing village fraternity (each member shall be entitled to remedy his/her rights by filing a lawsuit for the absence of the resolution or the invalidity thereof, in light of the overall circumstances such as the existence of defects in the convocation of the general meeting or the resolution procedure, or the dependence of each member of the fishing village fraternity on the fishing industry,

Therefore, even though the resolution of the general meeting of the defendant fishing village fraternity on the distribution of the compensation for losses of this case is not effective due to the defects in the convocation procedure or the contents of the resolution as alleged by the plaintiffs, it is clear that the plaintiffs cannot seek the payment of the plaintiffs' share of the compensation for losses of this case directly against the defendant, regardless of the absence of the resolution or the invalidity confirmation, and therefore, the decision of the court below which dismissed the plaintiffs' claim is just in its conclusion, and even if there is an error such as the theory of lawsuit, it cannot be said that it affected the conclusion of the judgment, and it is therefore without merit

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)