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(영문) 춘천지방법원 2020.10.22 2019나53973

횡령금반환(마을기금)

Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Determination on this safety defense

A. In the lawsuit of this case where the Plaintiff, a non-corporate body of the Defendant’s assertion, sought the return of embezzlement money as an act of preserving property jointly owned by the Defendant against the Defendant, the Plaintiff did not notify the entire community residents, who are members, of the convening of the general assembly, and did not notify at all of the agenda items of the meeting. On the end of the meeting, without any specific explanation on the date of the general assembly, a resolution was adopted to delegate the authority of the Plaintiff to this Chapter, the representative of the Plaintiff, to this Chapter

Therefore, the instant lawsuit is unlawful as it was filed without a resolution of a legitimate general meeting of members.

B. Determination 1) The filing of the instant lawsuit requires a resolution of a general meeting of employees, barring special circumstances, such as where the articles of incorporation provide otherwise, in the filing of the lawsuit concerning the property jointly owned by the non-corporate group, the resolution of the general meeting of employees is required. Thus, the lawsuit filed by the non-corporate group in its name without the resolution of the general meeting of employees is unlawful as it lacks the requisite for the lawsuit (see Supreme Court Decision 2010Da97044, Jul. 28, 201). In light of the following: (a) Dop, No. 1 and No. 2; and (b) the purport of the entire arguments and arguments, the Plaintiff is an organization established for the purpose of mutual aid among residents, and the Plaintiff is deemed an “Aiju”

The facts that the members of the household who reside in the resident registration form are regular members, the plaintiff shall prepare the articles of association, and the general meeting, which is a deliberative body, shall be established, and the head of the village, village general affairs, and the head of the Ri shall have executive officers, but the registration of the corporation is not separately made, and the fact that the articles of association of the plaintiff does not

According to the above facts of recognition, even if the plaintiff is not recognized as a legal person, it can be viewed as a non-legal entity that has the substance of an organization and is acting independently.

However, the plaintiff is the plaintiff.