[건물명도청구사건][하집1987(2),280]
The ownership and management relationship in cases where several members of the fishing village fraternity belonging to a specific non-urban community fraternity jointly invest and purchase them, and the title of ownership is a specific one fishing village fraternity.
In the case where the members of six calendars belonging to the Busan East-gu fishing village fraternity have invested in an equal amount in each fishing village fraternity, and where they have purchased a building in the name of a specific fishing village fraternity among the above fishing village fraternities after receiving a subsidy from the Geumsan Fisheries Cooperatives, the ownership is externally owned by the purchaser, but the ownership is externally owned by the members of the calendars belonging to each of the above fishing village fraternities. The management and operation rights are externally owned by the purchaser of the fishing village fraternity, but the management and operation rights are externally owned by the members of the calendars belonging to the above six fishing village fraternities. The management and operation rights are internally owned by the management committee consisting of representatives of the calendars elected by the number of members of the calendars elected
Article 275 of the Civil Act
Busan City Fisheries Cooperatives Office fishing village fraternity
Kim Ho-ho et al. and 12 others
1. The Defendants ordered the Plaintiff to order the real estate stated in the attached list, and to pay to the Plaintiff the amount equivalent to KRW 1,200,000 per annum from February 7, 1985 to order.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit shall be five minutes, and four minutes shall be borne by the defendants, and the remainder by the plaintiff.
4. Paragraph 1 can be provisionally executed.
The Defendants ordered the Plaintiff to provide real estate stated in the attached list. The Defendants shall pay to the Plaintiff the amount equivalent to KRW 200,000 per month from the day following the date when the duplicate of the complaint in this case was served last among the Defendants until the scam.
Costs of lawsuit shall be determined by the judgment of the defendants and provisional execution declaration.
In order to promote the purchase price of the above 1-2, 2-1 of the number of the 1-2, 2-1 of the above 7-2, 2-2 of the 6-2, 6-1 of the 6-2, 3-2 of the 7-2, 3-2 of the same 6-3, 4-4 of the 6-2, 6-3 of the 6-4, 6-4 of the 6-2, 6-2 of the 7-2, the number of the 6-2 fishing village fraternities for each of the above 7-2, the 7-2, the 1-6-2, the 7-2, the 1-6-2, the 7-2, the 1-6-2, the 7-5 (the 9-1-7, the 1-6-7, the 1-6-7, the 7-5-7, the 1-5-3, the 1-7-3, and the 1-1-3-3 testimony of the 7.
On the other hand, the above union sold the building of this case to the plaintiff fishing village fraternity for a specific purpose and subsidized 3,600,000 won out of the purchase price of 6,00,000 won as above. Thus, it should be used only as a fishery facility for 10 years to promote the self-reliance of fishing village fraternities and to develop the U.S. In the U.S. C., among those who belong to each fishing village fraternity in the Dong-dong District, a person who wishes to participate in the operation of the fishing village fraternity must open door without any restriction, and if it violated this condition, the above union organized the steering committee to operate the building of this case to ensure the rationality of all the operations, and entered into a special agreement to recover the building of this case at any time. The above Defendants, the representative of both the plaintiff and the above five U.S. members of the above five fishing village fraternity, jointly take charge of the right to operate and manage the building of this case, but in order to implement the above special agreement, constitute the plaintiff's representative and each investor's representative and bear all losses due to the operation.
According to the above facts, the building of this case is externally owned by the plaintiff fishing village fraternity, and its actual office will be jointly owned by the six members of the non-party fishing village fraternity including the plaintiff fishing village fraternity, and its management and operation rights shall externally belong to the operating committee composed of the representatives of the non-party fishing village fraternity elected in the same number inside six members of the non-party fishing village fraternity, although it is externally owned by the plaintiff fishing village fraternity, and in the inside of the committee, the plaintiff did not dispute the establishment of the building of this case and the testimony of the witness so-called "the non-party Eul", the defendants asserted that the building of this case was owned by the defendants as the owner of the plaintiff's individual, and the committee of operation and management of the non-party's office building of this case was established with the operation and management committee of the non-party fishing village fraternity, which was purchased from the Busan City fishery cooperative on December 12, 1976, and it can not be acknowledged that the non-party did not have any other operation and management regulations of the above non-party fishing village fraternity.
Therefore, according to the plaintiff's order ordering the plaintiff to issue the building of this case and the plaintiff's request, the defendant is obligated to return the amount equivalent to 1,200,000 won per annum from February 7, 1985 to the date following the last day of delivery of the copy of the complaint of this case to the last day of order. Thus, the plaintiff's claim of this case of this case is justified within the above recognition scope, and the remainder is dismissed as without merit, and with respect to the burden of litigation costs and the declaration of provisional execution, it is so decided as per Disposition by the application of Articles 89, 92, 93, and 199 of the Civil Procedure Act.
Judges Kim Jong-hoon (Presiding Judge)