(영문) 청주지방법원 2020.07.16 2019나14258

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(영문) 청주지방법원 2020.07.16 2019나14258

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Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against LA as the representative of the plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same part of the reasoning of the judgment of the court of first instance, except for the Plaintiff’s new assertion to this court and adding or adding some of the following, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 5-B of the first instance judgment on the part that added or added by this court.

subsection (1) of this section shall be as follows:

1) The defendant asserts that the lawsuit in this case is unlawful as it is brought by a non-representative of power of representation. 2) The issue of whether a representative has legitimate power of representation in a case where a clan is a party to a clan is related to the requirements for the lawsuit, and the principle of burden of proof is applied in the case where it is unclear whether the matter to be examined ex officio by the court or whether the fact exists, and the fact is judged on the merits itself is favorable to the clan, and thus, the burden of proving the requirements for the lawsuit which is the matter to be examined ex officio shall be borne by the plaintiff (see Supreme Court Decision 96Da39301 delivered on July 25, 1997). In filing a lawsuit concerning the property jointly owned by a non-corporate clan, unless there are special circumstances such as that the articles of incorporation provides otherwise, the lawsuit brought by a non-corporate

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, and Supreme Court Decision 2010Da97044 Decided July 28, 201, etc.). The representative of a clan, when there are the rules or special practices, shall be elected according to such rules or practices, and if not, shall be elected by the convening of the head of the clan or the head of the door according to the general customs and cooking and by the resolution of a majority of the present members. In the absence of the rules or practices regarding the appointment of a clan, the head of the clan or the head of the door shall be elected according to the general customs and cooking, and if there are no rules or practices regarding the appointment of the head of the clan or the head of the door, who is the highest among the members of the surviving family and who

참조조문

-민사소송법 제420조

참조판례

-대법원 1997. 7. 25. 선고 96다39301 판결

-대법원 2007. 7. 26. 선고 2006다64573 판결

-대법원 2011. 7. 28. 선고 2010다97044 판결

유사 판례

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-서울남부지방법원 2018.05.30 2017가단217049

-청주지방법원 2016.05.24 2015나3106

-수원지방법원 2014.12.23 2014가합63226

-대구지방법원 2017.08.10 2016가합206165