손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserted that the Defendants embezzled KRW 1,200,000,000, which was kept by the Plaintiff as the Plaintiff’s president, the former secretary, and the director in charge of finance, around November 2007, the Plaintiff claimed for the payment of KRW 1,200,000 to the Defendants, and the delay damages therefor. Accordingly, Defendant B and C filed the instant lawsuit with the purport that it is unlawful, since the instant lawsuit concerns the Plaintiff’s collective ownership of the Plaintiff’s property, which is the non-corporate group, and the resolution of the general meeting of members is necessary, the Plaintiff filed the instant lawsuit without the resolution of the general meeting of members.
A lawsuit concerning property jointly owned by an unincorporated association may be filed in the form of an essential co-litigation, either under its name or by a resolution of a general meeting of members, or by all its members as a party, and this legal doctrine also applies to cases where a lawsuit is filed as an act of preserving property jointly owned (see, e.g., Supreme Court en banc Decision 84Meu6, Sept. 23, 1986; Supreme Court Decision 2004Da44971, Sept. 15, 2005); and in addition to the overall purport of the pleadings as to each statement of evidence No. 1 through No. 3 (including any number), the plaintiff is a non-corporate body comprised of co-ownership of land and 15 parcels of land in Jung-gu, Seoul and 15 parcels of land, and each co-ownership share in the above ground, and therefore the plaintiff's property jointly owned by the general meeting of members is necessary if the plaintiff files a lawsuit as a party to the lawsuit.
However, there is no evidence to acknowledge that the plaintiff had passed a resolution on the general meeting of members concerning the filing of the lawsuit in this case, and the lawsuit in this case is unlawful.
Therefore, we decide to dismiss the instant lawsuit.