소유권이전말소등기및소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. A Dong/Ri association organized within the administrative district of Dong/Ri as to the legitimacy of a lawsuit is a non-corporate body under the Civil Act, which is naturally composed of many and unspecified persons who lose their membership at the same time as moving to another area, and as a matter of course, a person who moves to another area becomes a member of a non-corporate body at the same time as moving to the country (see, e.g., Supreme Court Decision 2011Da110685, Oct. 24, 2013). Thus, in cases where a lawsuit is filed as an act of preserving property jointly owned pursuant to Articles 275 and 276(1) of the Civil Act, a resolution of the residents' general meeting shall be passed unless there are special circumstances. In holding the residents' general meeting, the residents who are subject to a notice of convening a general meeting shall be provided with the opportunity to participate in each meeting, discussion, and resolution by the residents' general meeting without a notice of convening a general meeting for some residents, and a resolution by a majority of the residents' general meeting shall not have effect.
According to the evidence No. 11, the plaintiff could recognize the fact that the plaintiff ratified the institution of this case in the presence of 22 residents of the plaintiff's association on October 29, 2017. However, the fact that the number of households of residents constituting the plaintiff's association is 59 households in total is no dispute between the parties, and according to the evidence No. 2, the right to vote in the articles of incorporation of the plaintiff's council can be acknowledged as the fact that the right to vote in accordance with the articles of incorporation of the plaintiff's council is one vote per household. Thus, there is no evidence to prove that the court issued a notice of convening a notice to all 59 households at the time of the above resident's general meeting. Since the above general meeting was conducted without the attendance of a majority of the residents, the above resolution shall