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(영문) 대법원 2018.07.20 2017다241512
손해배상금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. In order to file a lawsuit concerning claims and obligations of a non-corporate group, which belongs to a quasi-corporate group in general-ownership relations, the non-corporate group shall undergo a resolution of a general meeting as prescribed by Article 276(1) of the Civil Act (see, e.g., Supreme Court Decision 98Da36344, Dec. 10, 199). Barring any special circumstance, a lawsuit filed by a non-corporate group under its name without a resolution of such general meeting is unlawful as it lacks the requirements for the lawsuit, and thus, is unlawful.

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, etc.). B.

The plaintiff is a regional housing association established under the Housing Act and constitutes a non-corporate housing association.

However, even after examining the record, there is no evidence to find that the Plaintiff, a non-corporate body, had gone through the resolution of the general meeting while filing the instant lawsuit claiming damages against the Defendant.

Nevertheless, the lower court, without examining whether the Plaintiff had gone through a resolution of the general meeting, determined the instant lawsuit on the premise that the lawsuit was lawful.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the quasi-corporate directors' quasi-corporate directors' requirements for litigation, etc., which affected the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

2. Therefore, without further proceeding to decide on the remainder of the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices

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