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(영문) 창원지방법원마산지원 2016.01.22 2015가단2587

토지인도 및 지상물철거

Text

1. Defendant B’s Village Association is respectively indicated in the attached Form 12, 13, 14, 15, and 12, among the land size of 2,740 square meters in the Haan-gun, Gyeongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 2,740 square meters of forest C in Gyeongnam-gun, Gyeongnam-gun (hereinafter “instant land”).

(Acquisition of Ownership on March 28, 201)

Of the instant land, a collection and alteration, which is a facility that supplies water to the B village in Gyeongnam-gun, Gyeongnam-gun, is installed on the part (A) that connects each point of 12, 13, 14, 15, and 12 in sequence among the instant land.

(hereinafter referred to as “instant consolidation”). . [Ground of recognition] . (Ground of recognition] without dispute, entry of evidence A Nos. 1 and 3, result of appraisal entrustment to the Korea Land Information Corporation in this Court, the purport of the entire pleadings

2. As to the lawsuit of this case against the judgment of the plaintiff on the defense prior to the draft of the Defendant B Village Association as the primary defendant of the Defendant B Village Association, the removal of the house of this case and the transfer of the part on the land which is the site thereof, the above Defendant asserted that the lawsuit against the above Defendant is unlawful, since it has no capacity to do so as a natural village.

An unincorporated association or foundation may become a party to a civil lawsuit if a representative or a manager exists. Thus, if a natural father is a social organization that has a decision-making body and an executive body with its own proper purpose with its own members as its members and conducts independent activities, it shall have the ability to exercise the right as a non-corporate group. However, if a natural father exists as a non-corporate group, first of all, it shall be determined whether the natural fatherin exists as a non-corporate group, such as the scope of members of the natural fatherination, the unique nature of the natural fatherination, the existence of a representative, and the rules or customs on the organization and operation of the natural fatherination as its decision-making body, etc.

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007). In full view of the written evidence Nos. 2 and evidence Nos. 11 through 14 and the purport of the whole pleadings, Defendant B Village Association shall have one representative, one development committee chairperson, four development committee members, one community leader, and two heads of Bans, etc.