종토 보상금 반환
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the instant lawsuit was accepted by the Plaintiff at the same time as a director of the E-mail, and that the Defendants were the representatives who accepted the instant lawsuit. In collusion with each other around 2012, Defendant C and D embezzled KRW 56 million, which is the share of the E-mail to which the Plaintiff belongs, and Defendant C and D damaged trees and turds, and thus, Defendant C and D damaged trees and turds in the vicinity of 10 meters of the HHHHH G G in the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do around March 2016, the Defendant asserted that the instant lawsuit was unlawful as filed by the Plaintiff without standing to be a party.
A lawsuit concerning property collectively owned by an unincorporated association may either be filed in its name by a resolution of a general members' meeting, or only be filed in the form of an indispensable co-litigation by all its members as the parties, and even if the members of the association were to be the representative of the association or the resolution of a general members' meeting,
Even if the lawsuit cannot be a party to the lawsuit, and this legal principle is the same to the case where the lawsuit is brought as a preservation act of collective ownership property.
(See Supreme Court Decision 2004Da44971 delivered on September 15, 2005). The lawsuit of this case is deemed to have been filed by a person who is not qualified as a party to the lawsuit, and is deemed to have been filed by the plaintiff as a director of the E language and the representative who has accepted the lawsuit, and to have performed an act of preserving the E language. Accordingly, the lawsuit of this case is unlawful as it is filed by a person who
2. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.