손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Re-1st instance.
1. The reasoning of this court's explanation is as stated in the reasoning of the judgment of the first instance, except for the addition of Paragraph 2 to the determination of the plaintiff's assertion added in the trial of the first instance, and therefore, it is acceptable to accept it as it is by the main text of Article 420
2. The plaintiff asserts to the purport that the resolution of the clan general meeting is not necessary because it is merely a disposition of the clan properties, but a preservation and management of the clan properties. Since the plaintiff agreed to regularly hold the general meeting once a year in accordance with the regulations, the resolution of the clan general meeting cannot be deemed null and void on the ground that it did not give a separate notice, and that the resolution of the clan general meeting was adopted at the plaintiff general meeting on November 10, 2013, and that the lawsuit of this case is legitimate since the J of the plaintiff general meeting passed a resolution to file the lawsuit of this case against the defendant as the plaintiff's representative at the plaintiff general meeting.
The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, a resolution of a general meeting of members under Article 276 (1) of the Civil Act shall be passed unless there are special circumstances, such as that the non-corporate group, which is the representative, acts of preserving the property jointly owned, and acts of litigation in the name of the representative, shall be applied as it is, unless there are special circumstances, such as that the articles of incorporation otherwise provide for otherwise (Supreme Court Decision 94Da28437 delivered on October 25, 1994). In addition, in a case where a clan member of the clan regularly convened once a year at a certain place and agreed in advance to handle the church affairs of the clan, it shall not be deemed null and void a resolution of the general meeting of members on the ground that he did not notify a notice of convening a notice or resolution otherwise.
(see, e.g., Supreme Court Decision 87Meu1194, Oct. 13, 1987). With respect to the instant case, health care units were submitted by the Plaintiff, January 2005.