logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.03.16 2016나57332
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part of the judgment of the court of first instance as to the legitimacy of the lawsuit of the G Village Association and the H Village Council on July 75, 74, which is written by the court of first instance, the part of the reasoning of the judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this part shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. In cases where a non-corporate group files a lawsuit concerning its collective ownership property, it shall undergo a resolution of a general meeting of members unless there are special circumstances, such as that there are other provisions in the articles of incorporation. Thus, the lawsuit filed by the non-corporate group in its name without a resolution of such general meeting of members is unlawful as it lacks the requirements for the lawsuit.

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, and Supreme Court Decision 2010Da97044 Decided July 28, 201, etc.). According to the overall purport of the entry and pleading in the evidence No. 1-2, Plaintiff 74, G Village Association and H Village Association on July 75, 200 an unincorporated association with residents of each nature as its members (members).

Therefore, if the above plaintiffs owned property, it constitutes collective ownership or quasi-general ownership, and it is clear that the lawsuit for the claim for return of unjust enrichment of this case filed against the defendant is about the property. However, there is no evidence to acknowledge that the above plaintiffs had gone through the general meeting of village residents who are general members in filing the lawsuit of this case.

On November 24, 2003, the plaintiffs entered into a delegation contract with the defendant and filed a lawsuit against the Daewoo Construction and the Korea Gas Corporation, subject to the resolution of the general meeting of members. The plaintiff G Village Association delegated all the powers of this Chapter to this Chapter BX, the plaintiff H Village Association delegated all the powers of this Chapter CI (CH after the name of the plaintiff, 81. CH) to this Chapter, and the plaintiff C Q and F at that time without a separate resolution of the general meeting of members even around 2009.

arrow