조합비
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by B;
1. The gist of the Plaintiff’s assertion is that the Plaintiff is a cooperative established to promote common interests of the members by carrying out a business, such as selling the land for neighborhood living facilities supplied to the person subject to supply of the land for daily countermeasures and building commercial buildings on the land for sale, as part of the compensation for the existing physical distribution shop tenants located in the land for support facilities in C Co., Ltd., and the Defendants are the Plaintiff’s members.
The Plaintiff sold a total area of 1,66.3 square meters, such as Pyeongtaek-si E and F, from Co., Ltd., and promoted the construction and sale of a main complex.
However, as the Plaintiff became unable to achieve the purpose of the establishment due to a business depression, the Plaintiff resolved to dissolve the partnership, and resolved to withdraw the necessary expenses incurred for the said business from the partnership according to their respective shares.
According to the above resolution, the Defendants are obligated to pay the Plaintiff the respective money listed in the separate sheet No. 2.
2. Determination as to the legitimacy of the instant lawsuit
A. In a case where a non-corporate group of non-corporate associations institute a lawsuit concerning property jointly owned, it shall undergo a resolution at a general meeting of members unless there are special circumstances such as the provisions otherwise stipulated in the articles of incorporation. Thus, a lawsuit filed in its name without such resolution at a general meeting of members by non-corporate associations is unlawful as the requirements for
(See Supreme Court Decision 2010Da97044 Decided July 28, 2011). B.
Judgment
Considering the overall purport of Gap evidence Nos. 1 through 21 (including branch numbers, if any) and the whole arguments, the plaintiff has an organization, such as establishing rules for its own purpose and employing a decision-making body and a representative who is an executive body based on this, and the decision-making body's decision-making body or execution method is carried out by the principle of majority majority, an organization exists regardless of its membership, withdrawal, etc., and operation of the general meeting or the board of directors, etc.