소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is a non-corporate association composed of its occupants for the maintenance and management of Igra in his own city E, F, G-H. The plaintiff filed the lawsuit in this case claiming that the land in this case is the plaintiff's collective ownership property and sought a judgment of the purport of the claim. We examine the legitimacy of the lawsuit.
Unless there exist special circumstances such as otherwise stipulated in the articles of incorporation, in filing a lawsuit concerning property jointly owned by a non-corporate association, such a lawsuit filed in its name without a resolution of such general members' meeting is unlawful as it lacks the requirements for the lawsuit, and is thus unlawful.
(Supreme Court Decision 2010Da97044 Decided July 28, 201). Inasmuch as the council of occupants’ representatives of multi-family housing is an unincorporated association, the Plaintiff’s instant lawsuit ought to undergo a resolution at a general meeting of members, and there is no evidence to acknowledge that the instant lawsuit had undergone such a resolution, and the instant lawsuit is unlawful due to its lack of the requirements for lawsuit.
Therefore, the plaintiff's lawsuit of this case is unlawful and thus it is decided as per Disposition.