건물명도(인도)
1. The plaintiff B's lawsuit shall be dismissed.
2. The defendant shall make the plaintiff Accom in the underground parking lot of the building listed in the attached Table 1.
1. The facts subsequent to the facts of recognition are either in dispute between the parties or recognized through the overall purport of the pleadings.
A. Plaintiff A church (hereinafter “Plaintiff A”) is a branch church to which Plaintiff B belongs, and Plaintiff B is a member of Plaintiff A’s association, and the Defendant was delegated by the labor association to the delegated pastors of Plaintiff A’s association, and was employed as a member of Plaintiff A’s association.
B. However, on June 15, 2018, the Defendant rendered a judgment that “the Defendant’s position as a member of the Plaintiff’s Council shall be revoked, dismissed, and dismissed, and expelled from the position of the Defendant,” which was no longer a member of the Plaintiff’s Council, but a member of the E, respectively.
C. The Defendant did not collect the articles listed in the attached Table 2 list (hereinafter “instant articles”) in the underground parking lot of the building in the attached Table 1 list owned by the KIBC.
2. Determination:
A. According to the above facts of recognition, the principal school may request the Defendant to remove the instant goods as a removal of interference based on ownership.
Although the defendant asserts to the purport that the lawsuit in this case is unlawful, since the rules of the original church or the resolution of the church church based thereon are null and void, there is no evidence to acknowledge it.
B. Meanwhile, the church property belongs to the collective ownership of the members, and the lawsuit concerning jointly owned property belongs to the collective ownership of the members may either be conducted by an association which is not a juristic person under its name by a resolution of a general meeting of members, or by all its members as a party to the lawsuit in the form of an indispensable co-litigation, and even if its members were the representative of the association or through
Even if a lawsuit cannot be a party to the lawsuit, and such legal doctrine also applies to the case where a lawsuit is filed as an act of preserving collective ownership property (see, e.g., Supreme Court en banc Decision 2004Da44971, Sept. 15, 2005). Thus, the lawsuit by the plaintiff B, which is a member of the plaintiff church, is unlawful because it lacks standing
3. The plaintiff .