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(영문) 대법원 1969. 4. 22. 선고 68다757 판결

[제방철거등][집17(2)민,023]

Main Issues

It is recognized that the ownership of the bank belongs collectively to the members of an association which is not a corporation.

Summary of Judgment

It is recognized that the ownership of the bank belongs collectively to the members of an association which is not a corporation.

[Reference Provisions]

Article 275 of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant

Judgment of the lower court

Incheon support in the first instance court, Seoul High Court Decision 67Na2425 delivered on March 8, 1968.

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

According to the records, the plaintiff's representative's grounds of appeal are as follows: although the defendant was the person who constructed the bank, such as theory, although the defendant was the person who constructed the bank, it cannot be deemed that the defendant's obligation to remove the bank was created. Furthermore, according to the purport of the oral argument, the above bank can only be viewed as the defendant's participation in the joint construction of 150 refugees, and there is no reason to argue that the defendant's participation in the above bank. Thus, according to the evidence stated in the original judgment, 150 refugees such as the defendant et al., the 150 households such as the defendant et al. established an organization for the purpose of jointly gathering 150 information about reclaimed land in the bank area as of August 5, 1957, and formed an organization for the purpose of establishing a self-support after jointly clearing 150 information about reclaimed land within the bank area, and it cannot be viewed as an organization for the purpose of achieving the purpose of the above construction of a floodgate, such as approval of reclamation to the government, and the above construction of a floodgate.

Therefore, it is so decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Dog-Jak Kim Gyeong-ri, Kim & Kim