사해행위취소
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The court's explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance (from 10 to 47 pages). Thus, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendants' defense prior to the merits
A. The lawsuit on this part is unlawful, since the Plaintiff did not undergo a resolution at the general meeting of members of the instant association, a non-corporate body, at the time of exercising the right to share of expenses against Defendant B, the garnishee of the instant association, by subrogation of the Plaintiff, who is the debtor of the instant association.
B. In a lawsuit concerning property jointly owned by a non-corporate group, barring special circumstances, such as the articles of incorporation, the resolution of a general meeting is required (see Supreme Court Decision 2010Da97044, Jul. 28, 201). This is an internal procedure necessary for decision-making and special authorization of the non-corporate group when the representative of the non-corporate group files a lawsuit concerning property jointly owned in the name of the non-corporate group.
If a debtor does not exercise his/her right of subrogation on his/her own, he/she is entitled to exercise his/her right in subrogation of a debtor in order to preserve the debtor's claim against the debtor, and it does not require the consent of the debtor. Therefore, in cases where a non-corporate group does not exercise its right to collective property and the creditor of a non-corporate group exercises his/her right to collective property based on the subrogation right of the non-corporate group, it is not necessary to go through internal decision-making procedures such as
(Supreme Court Decision 2014Da211336 Decided September 25, 2014). The Plaintiff, as the creditor of the instant association, who is a non-corporate body, sought the payment of the share of expenses to the Defendant B by subrogation of the instant association.