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(영문) 광주고등법원(전주) 2020.11.19 2020나10720
제명결의무효확인의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Article 52 of the Civil Procedure Act recognizes the defendant's ability to join a non-corporate association as a party is not a juristic person but a juristic person has an entity as an association and is engaged in social activities or transactions through its representative or manager, disputes arising therefrom are for the organization to become a party in its own name and to settle the disputes through a lawsuit. Thus, an association here refers to a group of many persons organized for a certain purpose, which is an organization externally representing an association.

In addition, if one of the subordinate organizations of an incorporated association has the substance as above as an organization and is carrying out its independent activities, it shall be deemed as an unincorporated association independent from the incorporated association.

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles of evidence No. 4 through No. 9, and 11, etc., and by misapprehending the legal principles of evidence No. 1, the court below did not err by misapprehending the legal principles of evidence No. 1, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles of evidence No. 1, as otherwise alleged in the ground of appeal No. 1, as otherwise alleged in the ground of appeal No. 1, as otherwise alleged in the ground of appeal No. 1, as otherwise alleged in the ground of appeal No. 1, as otherwise alleged in the ground of appeal No. 1, as otherwise alleged in the ground of appeal No. 1, 2009.

In addition, the central organization requires the continuous service period as a regular member, but the defendant's articles of association has the same qualification.

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