손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Article 52 of the Civil Procedure Act, which recognizes the legal capacity of a non-corporate entity, recognizes the legal capacity of an unincorporated association or foundation as a party to a lawsuit, has the substance of an unincorporated association or foundation, and conducts social activities or transactions through its representative or manager, the disputes arising therefrom are to be settled by the organization's name as a party to a lawsuit.
As such, the term "association" refers to a group of many persons organized for a certain purpose, which is determined to externally represent an association, and an association which is not a juristic person, unless there is an exceptional association naturally formed without any special organization act such as a clan or a literature, in order to establish an association which is not a juristic person, there must be an organization act to establish the entity as an association. Thus, even if any organization determines external purpose, name, office and representative, it shall not be deemed an unincorporated association unless there is a proof of organization to recognize the substance of the association, its financial basis, operation of a general meeting, management of property, and other activities as an organization.
(See Supreme Court Decision 97Da20908 Decided September 12, 1997). The Plaintiff asserted that, around November 13, 2017, the residents of the Busan-gun C Village established the “A Committee” to receive compensation for damage to agricultural and fishery products and for living damage caused by dust, noise, vibration, etc. caused by the construction of a new city in the said village, and thus, it can be seen by the overall purport of the statements and arguments as follows: (a) the Plaintiff’s articles of incorporation (Evidence A8) and first regular meetings, etc. pursuant to Article 4 of the Plaintiff’s articles of incorporation (Evidence A8) were held; (b) the Plaintiff’s accounting books (Evidence A11-1) were prepared from March 2018; and (c) relevant evidential documents were properly prepared.