손해배상(기)
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total costs of the lawsuit shall be borne by C.
purport.
1. From January 2, 2013 to Kimpo-si, Kimpo-si (hereinafter “instant apartment”). On January 3, 2013, the Defendant spent 4,400,000 won as the litigation cost for the maintenance of the status of D individual who was acting as an agent. During that process, the Plaintiff did not obtain the resolution of the council of occupants’ representatives of the instant apartment, and did not obtain the approval of the approving authority, and thus, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the above litigation cost.
2. The defendant's main defense
A. The defendant's assertion is unlawful since the plaintiff filed the lawsuit of this case independently without the resolution of the council of occupants' representatives, and even if the plaintiff's assertion is based on the plaintiff's assertion, the lawsuit of this case against the defendant is unlawful in that the illegal person is not D.
B. A lawsuit regarding collective property can be brought in the form of an essential co-litigation, either under the name of the non-corporate body or by a resolution of the general meeting of members, or by all its members as a party, and even if its members were the representative of the association, the members of the association were either the representative of the association or the general meeting of members
Even if the 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, and the lawsuit brought by a non-corporate body without a resolution of a general meeting of members is unlawful as it does not have a special authorization for
(See Supreme Court Decision 98Da46600 Decided October 22, 199, and Supreme Court en banc Decision 2004Da44971 Decided September 15, 2005). The issue of whether a person has a special right to file a lawsuit is related to the requirements for the lawsuit, and it should be determined at the time of closing argument in the fact-finding court.
(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). According to the respective entries and arguments set forth in subparagraphs 2 and 3 (including each number), the Plaintiff manages the apartment of this case.