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(영문) 서울고등법원 2019.02.12 2018나2035156

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the reasoning by the court are stated in the relevant part of the reasoning of the judgment of the first instance.

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the claim of the Plaintiff managing body

A. The summary of the Plaintiff’s managing body’s assertion is to be stated in this part of the reasoning of the judgment of the court of first instance, and the corresponding part of the reasoning.

(main sentence of Article 420 of the Civil Procedure Act).

The Defendants’ summary of this safety defense 1) The Defendants’ summary of the defense is that “the Plaintiff managing body is a non-corporate body, the property of the Plaintiff managing body belongs to the collective ownership of its members, and the management and disposition of the collective property shall undergo a resolution of the general meeting. The instant lawsuit by the Plaintiff managing body is about the management and disposition of the collective property as a claim for damages arising from an infringement on the management expenses belonging to the Plaintiff managing body’s collective ownership. Therefore, in order for the Plaintiff managing body to bring the instant lawsuit, the resolution of the management body meeting is necessary. However, the Plaintiff managing body’s lawsuit is all unlawful since the instant lawsuit was filed without such a resolution.” 2) The Plaintiff managing body asserts that the instant lawsuit by the managing body is all unlawful, barring any special circumstances such as the need for the resolution of the management body meeting to bring the lawsuit concerning the jointly owned property by an unincorporated association without legal capacity. Therefore, it is inappropriate that the requirements for the lawsuit brought without such a resolution of the general meeting of members are lacking, and it is also illegal and that the lawsuit

(see, e.g., Supreme Court Decisions 2009Da83650, Feb. 11, 2010; 2010Da97044, Jul. 28, 2011). Since the Plaintiff’s management body is a non-corporate body, the management fees paid by the occupants of the instant building shall jointly belong to the Plaintiff’s management body, and the damage claim for the reason that the management fees paid by the occupants of the instant building jointly owned, were embezzled or illegally disbursed.