beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 12, 2016, the Plaintiff asserted that the Plaintiff lent KRW 309,428,000 to the Defendant. The Plaintiff did not go through legitimate procedures for the management and disposal of collective ownership property, such as the Plaintiff’s resolution of the Joint Council.
Therefore, since the defendant gains without any legal ground any profit equivalent to the above amount and thereby causes damages equivalent to the above amount to the plaintiff, the above amount shall be returned as unjust enrichment. Even if the representative of the plaintiff paid the above amount in accordance with the agreement with the defendant as the defendant's argument, it is the same as the defendant did not go through legitimate procedures for management and disposition as to the above money which is collective ownership property. Thus, the defendant is obligated to return the above amount of
2. Determination on the defense prior to the merits
A. The defendant asserts that the above money is the money owned by the plaintiff church, but the articles of association (No. 4-2) submitted by the plaintiff cannot be deemed a valid articles of association of the plaintiff church, and since the minutes (No. 4-1) of the vertical minutes (No. 4-1) were prepared falsely without the actual meeting, the lawsuit of this case filed without the resolution of the general members' meeting is unlawful.
In regard to this, the plaintiff, instead of going through the general meeting of members, passed a resolution of the board of directors of the plaintiff church (A evidence 4-2). The above articles of association had existed since the plaintiff church was separated from C church (hereinafter "C church") and had it valid since it was formed. The board of directors related to the lawsuit of this case had been lawfully passed on February 2019 and August 10, 2019.
B. In filing a lawsuit concerning property jointly owned by a non-corporate body, barring special circumstances, such as otherwise stipulated in the articles of incorporation, a resolution shall be passed at a general meeting. Thus, the non-corporate body shall pass a resolution at such general meeting.