회원지위확인 등
1. Ascertainment that the plaintiffs are members of the defendant.
2. The land of 1,553,834 square meters and 81 square meters in the Donsan-gun of Chungcheongbuk-gun.
1. Facts constituting the premise of the dispute
A. On May 15, 1995, the registration of ownership transfer was completed in the name of the defendant with respect to C forest land of 1,553,834 square meters, etc. in the Chungcheongnam-gun, Chungcheongnam-do.
On April 7, 2017, the Defendant held an extraordinary general meeting, and subsequently sold land of 1,553,834 square meters and 81 square meters of land to D Co., Ltd. and made a resolution to select E as the representative of the Defendant (hereinafter “instant resolution”).
B. The Plaintiffs completed the move-in report at Fri (Friri was divided into Friri and Griri as of June 25, 1961) after around 2008, and actually reside in Friri.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3 through 19-1, Eul evidence 12, the purport of the whole pleadings
2. Determination as to the claim for confirmation of membership
A. The plaintiff asserts that the defendant's assertion is a village community in the form of natural village, and the plaintiffs who reside in Furri are the defendant's members.
In regard to this, the defendant asserted that the defendant is not a qualification for the defendant, since it constitutes a specific community established by 86 persons, including the persons transferred to Friri before April 22, 1995, for the purpose of owning and managing the forest owned by the defendant.
B. (1) Determination (1) An association organized within the administrative district of Dong and Ri is a permanent organization consisting of many and unspecified persons, as a matter of course, who are members of the association and move to another area, at the same time as moving to the country, unless there are other special circumstances. In order to view the association as an organization whose members are only a specific resident, it shall be proved that there has been an organic organization to a certain extent at the time of acquiring the property, and the process or contents of holding the property under the name of Dong and Ri should be proved.
Supreme Court Decision 200