손해배상(기)
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by the F [Gves, Yongsan-gu Seoul, H, 1002].
1. In a case where a non-corporate group files a lawsuit concerning the property jointly owned by the non-corporate group, barring special circumstances, such as that there are other provisions in its articles of incorporation, the lawsuit filed under its name without a resolution of the general meeting of employees is unlawful as it lacks the requirements for the lawsuit, and thus, is unlawful.
(Supreme Court Decision 2010Da97044 Decided July 28, 201). The council of occupants’ representatives of multi-family housing is an unincorporated association. As such, the Plaintiff’s instant lawsuit also requires a resolution of a general meeting of members. As examined below, the instant lawsuit seems to have failed to undergo a resolution of the general meeting of members or to have defects in the resolution.
① A general meeting may only pass a resolution on the matters included in the notice for convening a general meeting (Article 72 of the Civil Act), and according to the evidence No. 6, the Plaintiff’s notice of the notice of convening a general meeting on August 3, 2015, stating that “The suspension of execution against I of the apartment house was sentenced to suspension of execution, he was not paid the amount of embezzlement, and I is not 105,186,015 won, and I is unable to receive a 105,186,015 won judgment against I, but it can be seen that her wife and children may inquire about their property, since she has no property.” However, with respect to whether the Defendants publicly announced whether to institute a lawsuit as the agenda, it is insufficient to recognize the case only by the descriptions of evidence No. 8-1, 4, and 7
(2) The purport of Article 74 of the Civil Act is to ensure fairness in a resolution on matters related to an incorporated association and a partner, to exclude the participation of the relevant employee in a resolution (Article 74 of the Civil Act).
Therefore, the members concerned should be guaranteed the opportunity to attend a general meeting and defend themselves, so they shall be included in the quorum.