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(영문) 춘천지방법원원주지원 2016.03.29 2014가단4858

토지인도 등

Text

1. The principal lawsuit and the counterclaim of the Plaintiff (Counterclaim Defendant) shall be dismissed respectively.

2. Due to the principal claim.

Reasons

1. Judgment on the main lawsuit

A. The lawsuit of this case was instituted without the resolution of the legitimate clan general meeting, and it is unlawful because C cannot be deemed to have legitimate authority as the representative of the plaintiff clan.

B.1) Whether the representative of a clan has legitimate authority to represent the clan in a case that is a party to a clan (see Supreme Court Decision 2000Da42908, May 14, 2002) is a matter concerning the requirements for litigation (see Supreme Court Decision 2000Da42908, May 14, 2002). Lawsuits on collective property can only be conducted in the form of indispensable co-litigation in its name or by a non-corporate group as a party to it, or by becoming all its members. Lawsuits instituted without a resolution of a general meeting of members can be filed by non-corporate group without a special authorization for filing a suit (see Supreme Court Decision 2006Da64573, Jul. 26, 2007). The representative of a clan shall be appointed according to its rules or general practice, and if not, by a resolution of the majority of the members present at the general meeting of members, the head of the clan or the head of the Dong shall be elected by 170 or more after being appointed to the general meeting of members, and shall be appointed by 15.