Nonparty (Law Firm Macl, Attorneys Seo Jin-jin et al., Counsel for the plaintiff-appellant)

Defendant (Law Firm LLC et al., Counsel for the defendant-appellant)

April 25, 2019

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

In the first place, the defendant's decision to appoint non-party 4 as the representative at the door-to-door General Meeting on July 11, 2017 and the door-to-door General Meeting on July 26, 2017 confirms that there is no resolution to appoint non-party 4 to the representative, and that there is no resolution to allow the deceased non-party 1 to resign from the representative.

Preliminaryly, the Defendant’s decision to appoint Nonparty 4 as the representative at the Defendant’s door-to-door General Meeting on July 11, 2017, and the door-to-door General Meeting on July 26, 2017 appointed Nonparty 4 as the representative, and confirmed that the resolution to allow the deceased Nonparty 1 to resign from the representative is invalid.

1. Basic facts

A. The registration of transfer of ownership is completed in the name of the defendant on the attached list (non-party 1). On July 13, 2017 and July 17, 2017, the registration of change of the indication of the name holder adding non-party 4 to non-party 1 was completed as the defendant's representative on the ground of "the addition of the representative on July 11, 2017". On July 28, 2017 and August 1, 2017, the registration of change of the indication of the name holder indicating non-party 4 was completed by the defendant's representative on the ground of "non-party 1 resignation of the representative on July 26, 2017."

B. Nonparty 6 and Nonparty 4 are all Nonparty 1’s children, and Nonparty 1 died on July 28, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6 and 9 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion

1) As to the legal nature of the Defendant’s door

The defendant's literature is a clan similar organization established on October 20, 200 as the representative of the deceased non-party 1 (the name of the defendant's literature omitted) from the deceased non-party 1 (the name of the defendant's literature omitted) who was the deceased non-party 1 himself/herself. July 28, 2017).

Before the death of the deceased non-party 1, the defendant's literature not only had the substance of the non-legal entity's non-legal entity as a non-legal entity but also had its own meaning or had the substance of a non-legal entity similar to the clan due to the death of the deceased non-party 1.

2) The interest of confirmation

Nonparty 4 became the representative of the Defendant’s door without a general meeting resolution or by an invalid general meeting resolution, and voluntarily withdraws deposits from the Defendant’s door up to KRW 00,000 to deposit them into his account and keep them in his account. As a member of the Defendant door, the Plaintiff has a benefit to seek confirmation of the absence or invalidation of the general meeting of the door-to-door Assembly on July 11, 201 and the door-to-door General Assembly on July 26, 2017.

3) As to the door-to-door General Assembly on July 11, 2017 and the door-to-door General Assembly on July 26, 2017

On July 11, 2017, when the death of the deceased non-party 1 who was the representative of the Defendant’s door was imminent, the non-party 4 held a literacy general meeting and prepared the literacy minutes as if he was appointed in addition to the representative of the Defendant’s door, and submitted them to the registry to register the registration office for change of the registered titleholder indication added himself as the representative of the Defendant’s door. In addition, the non-party 4 held a literacy general meeting on July 26, 2017, before the deceased non-party 1 died, the deceased non-party 1 resigned from the representative of the Defendant door, and completed the registration of change of the registered titleholder indication pursuant to this provision on each real estate of this case.

Therefore, the Defendant’s decision to appoint Nonparty 4 as the representative at the door-to-door General Meeting on July 11, 2017, and the door-to-door General Meeting on July 26, 2017, to appoint Nonparty 4 as the representative, and the deceased Nonparty 1 as the representative shall not have any resolution to resign from the representative. Even if there was a resolution of the general meeting among the Defendant’s door, the resolution of the general meeting is null and void as it was made without notifying the Plaintiff and some members, including the Plaintiff.

B. Defendant’s assertion

1) As to the legal nature of the Defendant’s door

Defendant literature cannot be deemed as a clan similar organization, and it does not have any substance as a non-legal entity. Defendant literature is merely an unincorporated organization established by the deceased Nonparty 1 in a formal manner to manage the property, and is merely an unincorporated organization.

2) As to the benefit of confirmation

Even if the defendant's door became a clan as a deceased non-party 1's death, so long as the defendant's door at the time of the family assembly of July 11, 2017 and the family council of July 26, 2017, which took place before the deceased non-party 1's death, did not have the substance as a clan similar organization, there is no benefit in confirmation of the lawsuit of this case. Further, as a clan similar organization, it cannot be said that the judgment of the defendant's non-party 1 as a clan has res judicata effect on the defendant's door, there is no benefit in confirmation.

3) As to the door-to-door General Assembly on July 11, 2017 and the door-to-door General Assembly on July 26, 2017

On July 11, 2017, there was a resolution of the door-to-door General Assembly and the door-to-door General Assembly on July 26, 2017. In addition, the defendant's door issued a notification of convening all members in an appropriate manner, and the deceased non-party 1 instructed the non-party 4 to be the representative of the defendant's door before the health has deteriorated, and there is no serious defect that should invalidate the above resolution.

3. Determination on the defense prior to the merits

A. Relevant legal principles

1) In a case where a certain organization establishes rules that have the nature of an association with its own objective and, on the basis of such rules, has an organization which has a decision-making body and an executive body as well as a representative who is an executive body. A decision-making body or execution method is carried out by the principle of majority majority, regardless of the organization's accession, withdrawal, etc., the organization itself continues to exist and its organization has a representative method, operation of a general meeting or board of directors, composition of capital, management of property, or other important matters as a non-corporate body (see, e.g., Supreme Court Decision 92Da2431, Jul. 10, 192).

2) A clan similar organization is not necessarily established when it opens a general meeting and establishes a system for a consistent organization, but it is not established when it forms a common property to substantially achieve the common purpose and continuously engages in social activities centered on a person leading the work, the entity as an organization from that time should be established (see, e.g., Supreme Court Decision 2018Da264628, Feb. 14, 2019). However, in order to establish a non-corporate association without any special organization act such as a clan or a literature, unless it is an exceptional association formed naturally without a special organization act, it shall have the substance of an association. If a non-corporate association establishes a non-corporate association, it shall have the organization to establish its external purpose, name, office, and representative, even if any organization determines the entity of an association, its financial basis, operation of the general meeting, management of property, and other organizations, it shall not be deemed an association that is not a corporation unless it proves its activities as an organization (see, e.g., Supreme Court Decision 2019Da979497, Apr. 297, 97.

3) The unique meaning of a clan is a naturally occurring family organization for the purpose of protecting the graves of a common ancestor and conducting religious services, promoting friendship among its members, and if a clan is organized only within a specific scope among the descendants of a common ancestor, it shall not be deemed a clan within its original meaning (see, e.g., Supreme Court Decision 2018Da264628, Feb. 14, 2019).

B. Determination

1) According to Gap's statement Nos. 1, 5, 6, 9, 10, 15 (including a serial number; hereinafter the same shall apply) and Gap's 1, 5, 9, 10 and 15's (including the above 1, 200's name) on October 200, the defendant's 200's 1,000's first rule was established as an adult male and female member, and the Supreme Court decided on May 20, 200 that the above 1, 200's 20's 7's 7's 2's 7's 10's 7's 2's 10's 7's 7's 7's 20's 2's 7's 7's 1's o's o's o's o's o's o's o's o's o's o's o.

2) However, considering the following circumstances acknowledged by comprehensively taking account of the statements in Eul's Evidence Nos. 3, 4, 9 through 12, 14, 16, and 19, and the overall purport of testimony and pleadings by non-party 7, it is insufficient to recognize that the above facts of recognition alone are insufficient to recognize that the defendant's door had the substance of a non-corporate group such as a non-corporate group, such as a clan similar organization before the death of the deceased non-party 1, and there is no

(1) The deceased non-party 1 established an organization with the purpose of "the protection of the graves of a vessel and the religious rites" by making himself as a joint ancestor before and after his birth as its members and as its members. It is difficult to view such organization as a clan similar organization.

(2) Since the creation of the Defendant literature, the board of directors among the general assembly or the doors was not actually held for the decision-making and enforcement of the Defendant literature, and there was a need for the deceased Nonparty 1 to conduct a legal act by using the name of the Defendant literature, or to change the members or officers of the Defendant literature, Nonparty 7 (the staff of the certified judicial scrivener office) who handled the registration duties, etc. in the Defendant literature prepared the document only as if the general assembly or the board of directors had been held and affixed the seal of the literature members formally, the Defendant literature only had the appearance of the general assembly or the board of directors.

(3) Although the property exists in the name of the Defendant’s door and the property was managed, the actual decision-making of the Defendant’s door was independently made by the deceased Nonparty 1, the provisional registration of the right to claim the transfer of ownership under the name of the ○○ Scholarship Association (the deceased Nonparty 1 is a director) that is a foundation without any other cause, and the transfer of money from the Defendant’s name account to the deceased Nonparty 1’s family, etc., the property in the name of the Defendant’s door was managed in the same way as the deceased Nonparty 1’s personal property.

(4) The code of literature in the defendant literature is merely a document prepared by the deceased non-party 1 with the cooperation of relatives in order to prepare documents necessary for the establishment of a non-corporate body. The code of literature only sets out the purpose, name, decision-making body, executive body, organization, etc. of the defendant literature in the appearance of the code of literature, and it does not seem that there was an organizational act that can actually recognize the substance of the defendant literature, or an organization activity that conforms to its purpose.

3) In addition, in light of the aforementioned evidence and the overall purport of the arguments and arguments by Gap's evidence Nos. 11, 12, 17, 19, and 20, the members of the defendant door appear to have been punished for dispute to secure control over property under the name of the defendant by securing the representative status of the defendant door even after the deceased non-party 1 died, and did not engage in any organizational action or activity for common purposes, such as the number of graves, religious rites, and friendship among the members of the defendant door, and some grandchildren and girls of the deceased non-party 1 were omitted. Thus, it cannot be deemed that the deceased non-party 1's own meaning after the death of the deceased non-party 1, or a clan similar organization or other non-corporate body.

4) Ultimately, the defendant's literature cannot be deemed as having the substance of a non-legal entity's non-legal entity group as a clan or a similar organization. Thus, the defendant's ability to be a party is not recognized.

4. Conclusion

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

(attached Form omitted)

Judge Lee Lee-uri (Presiding Judge)