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의정부지방법원 2017.04.14 2016가단120588

손해배상(기)

Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit are the first date of birth indicated as the Plaintiff’s representative: J/ domicile.

Reasons

1. The parties' assertion

A. 1) The Plaintiff’s ground for the Plaintiff’s claim is a clan set up in Jung-si and comprised of descendants. The Defendants are the Plaintiff’s clan members. 2) The Defendants were the Defendants, who received the title trust management of 4,284m2 under the name of the Defendants in Yangju-si owned by the Plaintiff, around July 2008 and received the said land around October 28, 2008, and kept the total compensation of 632,493,300 won from the Korea Land Corporation for the entire expropriation of the instant land.

3) During that period, Defendant B embezzled KRW 15,080,860; KRW 15,032,220 for Defendant C; KRW 15,130,860 for Defendant D; KRW 15,080,860 for Defendant E; and KRW 55,080,860 for Defendant F for each embezzlement. 4) The Plaintiff demanded the Defendants to return KRW 5,00,000 for part of the embezzlement amount.

B. The first expressed as the representative of the Plaintiff’s assertion by the Defendants is not a legitimate representative of the Plaintiff, and the Defendants did not have embezzled the compensation for expropriation as alleged by the Plaintiff.

2. We examine whether the instant lawsuit is lawful or not, as to the lawfulness of the instant lawsuit.

A. It is clear in the records that Nonparty I, who is indicated as the representative of the Plaintiff (the president), delegated the Plaintiff’s attorney-at-law to perform the litigation, such as filing a lawsuit.

B. However, the plaintiff is a so-called clan which is an unincorporated association, and the lawsuit filed by an unincorporated association shall be lawful by the person who has legitimate authority of representation.

C. We examine whether the above I is a legitimate representative of the Plaintiff.

1) First of all, according to the rules of the clans Association (No. 2) submitted by the Plaintiff, one chairperson, one vice-chairperson, one secretary, five directors, two auditors, etc. as the officers of the Plaintiff (Article 5 of the rules of the Association), the term of office of the officers shall be three years, and the officers shall be elected at the general meeting (Article 6 of the rules of the Association, and a vacancy occurs among the officers).