회원지위 확인의 소
1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The total cost of the lawsuit shall be the principal suit and the ancillary.
1. According to the overall purport of evidence Nos. 2-1, 2, 4, and 5 and 7 of the evidence Nos. 2-1, 5 and 7, it is recognized that a C village has long been formed and continued to exist in the area of Busan-gun G, Busan-gun, and the plaintiffs were residents of C village. However, according to the administrative Ri/Dong jurisdiction of the captain of the Gun on July 13, 2012, it is recognized that the C village has been divided into a Dong and the area of the plaintiffs' residents belongs to the LA village.
2. The assertion and judgment
A. (1) The Plaintiffs asserted that the Defendant Village Association is a community of the residents formed in the C Village, a natural village, and that the C Village becomes its members. Even if C Village was administratively divided, as long as the Plaintiffs continue to reside in the existing C Village, they claim that the Defendant Village Association is a member of the Defendant Village Council.
It is important that the residents of the village to be judged are living together within a certain local area, and the community is formed and operated or the property is owned. Such community is an unincorporated association under the Civil Act, which is distinguished from the Dong and Ri as administrative district.
In other words, as a single administrative district of the Si/Eup/Myeon, a legally independent personality cannot be enjoyed, but a club organized within the area is a community for the common convenience and common welfare of residents living in that area, and a person who moves from another area as a member of the whole is a permanent organization consisting of many and unspecified persons who are naturally disqualified from membership at the time of moving and moving to another area.
(see, e.g., Supreme Court Decision 2008Da24081, Nov. 13, 2008). The C Village according to the respective entries and arguments set forth in subparagraphs B through B (including each number).