소유권보존등기말소 등
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasons for this court's explanation is that the part against the co-defendants of the court of first instance other than the defendants is finalized. As such, each of the "DefendantO" of the first instance court's judgment's 5, 6, 12, 6, 19, and 20 shall be referred to as "Co-defendants of the court of first instance", and all of the "Defendants" of the 6, 7, and 8th 12 shall be referred to as "Defendants and Co-Defendants of the court of first instance", and "the judgment on the legitimacy of the lawsuit of this case" of the 7th 7th 12 to 8th 10th , as stated below, is referred to in the main sentence of Article 420 of the Civil Procedure Act, and therefore, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. The summary of the main defense of the Defendants is unlawful in the instant lawsuit filed by the Plaintiff who did not receive a lawsuit trust from all the members of the instant association.
B. 1) Comprehensively taking account of the above facts and each evidence, the instant association is established under the Civil Act by a contractual relationship under which members gather shares of their own land and sell a neighboring commercial site for livelihood measures from the Korea Land Development Corporation and build and sell the instant commercial building on the said land. 2) In order to file a lawsuit seeking the performance of partnership claims by an executive member of the association, the association must obtain a voluntary lawsuit trust from all its members for the following reasons.
(1) The property of each association shall belong to all its members jointly.
Therefore, all partners should jointly file a lawsuit on the properties of a partnership with their own essential co-litigation that should be jointly determined for all partners.
(2) The managing member who has been granted the authority to execute the affairs of the partnership shall file a lawsuit in his/her own name with a voluntary lawsuit trust from the partnership members.