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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. We examine the legitimacy of the instant lawsuit, which is determined as to the legitimacy of the lawsuit.
A. 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 pursuant to Article 276(1) of the Civil Act shall be passed. Thus, in cases where a clan, which is an unincorporated association, files a lawsuit as preservation of collective property, it shall undergo a resolution of a clan general meeting unless there are special circumstances.
On the other hand, in holding a general meeting of a clan, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving each person an opportunity to participate in the meeting, because the scope of the members of the clan, which are subject to notification for convocation, has been determined by the clan, etc. and their whereabouts are clearly residing in the Republic of Korea, unless there are special circumstances. Therefore, a resolution at the general meeting of a clan held without
(See Supreme Court Decision 2009Da83650 Decided February 11, 2010, etc.). B.
Based on the above legal principles, the health belt, first of all, the plaintiff clans, and the plaintiff clans held a general meeting on the third Sundays of November of each year, which is the date of the general meeting of the clans, and decided to delegate the resolution on the institution of a lawsuit at the general meeting of 2010 (hereinafter referred to as the "general meeting of this case"). Accordingly, on June 5, 201, the plaintiff argued to the effect that the church held a substitute committee and passed a resolution on the institution of this case, but the records of the evidence Nos. 5 and 6 and the result of the personal examination of the defendant Z alone are insufficient to recognize the fact that the plaintiff clans resolved to delegate the resolution on the institution of a lawsuit at the general meeting of this case to the substitute committee, and there is no other evidence to acknowledge this otherwise.
C. 1 As asserted by the Plaintiff clan, the above resolution was adopted at the instant ordinary meeting.