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(영문) 대구지방법원 2017.09.22 2016가단133611

공탁금출급청구권확인 청구의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. There is a document stating that, with respect to the area of 110 forest land in Yancheon-si, Namcheon-si, Namcheon-do, Heungsan-dong was in the land cadastre on September 10, 191, and that, on November 7, 200, the area of 477 square meters was divided among them.

(hereinafter referred to as “the instant forest land”) is 477 square meters of the divided forest.

On October 12, 2005, the Defendant deposited KRW 20,129,400 as the Daegu District Court Decision 8361 on October 2, 2005, on the ground that the right owner cannot be identified.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 and 4-1, purport of the whole pleadings

2. The Plaintiff’s determination as to the legitimacy of the instant lawsuit can be deemed as identical to the current name of the administrative district of “Yungsan-dong,” and thus, the above “Yungsan-dong,” as a resident community, and “Yungsan-dong,” as a resident community, are the same.

Therefore, the claim for payment of the above compensation is asserted to the plaintiff.

As to the legitimacy of the lawsuit in this case prior to the judgment on the above assertion, the lawsuit on the property jointly owned by a non-corporate body may only be filed in the name of the general meeting of members, subject to a resolution of the general meeting of members, or in the form of indispensable co-litigation by all its members. The lawsuit filed by a non-corporate body without a resolution of the general meeting of members is unlawful by holding a special acceptance right concerning the lawsuit.

(see Supreme Court Decision 2006Da64573, Jul. 26, 2007). Even if the non-corporate body is a non-corporate body, there is no evidence to prove that the Plaintiff filed the instant lawsuit through a resolution of the general meeting of members, and thus, the instant lawsuit is unlawful.

3. Therefore, the instant lawsuit is dismissed as unlawful.