소유권이전등기
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Determination as to the legitimacy of the instant lawsuit
A. The Defendant’s assertion that the instant lawsuit was filed by the instant general assembly on November 11, 2018 (hereinafter “the instant general assembly”) did not go through a legitimate notice for convening a notice for all members of the Plaintiff, and the instant resolution by the instant general assembly is invalid. Therefore, the instant lawsuit brought without a resolution by the Plaintiff general assembly is unlawful.
(b)an organization has rules that have the nature of an association with its own objective and, on this basis, has an organization that has a decision-making body and a representative who is an executive body, etc., has a decision-making body and a method of executing its affairs by the principle of majority majority. An organization itself remains, regardless of any change due to the joining, withdrawal, etc. of its members, and has a substantial nature as a non-corporate body in cases where the organization determines the method of representation, the operation of Congress or the board of directors, the composition of capital, the management of property, or
(1) In cases where a non-corporate association files a lawsuit on property jointly owned by it, barring special circumstances, such as the existence of any other provision in its articles of incorporation, a resolution shall be passed at a general meeting of partners. Thus, a lawsuit filed by a non-corporate association in its name without such a resolution of general meeting of partners is unlawful as it lacks the requirements for lawsuit.
(See Supreme Court Decision 2010Da97044 Decided July 28, 201, etc.). In full view of the following facts and circumstances, the evidence submitted by the Defendant alone constitutes the instant general assembly held on November 11, 2018 by the Plaintiff, which is below the general assembly held on November 11, 2018.
(1) The Plaintiff’s articles of incorporation (amended by November 11, 2018) cannot be deemed null and void by omitting a notice of convening a meeting of the instant Assembly, and there is no other evidence to acknowledge the resolution.