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(영문) 서울동부지방법원 2019.12.06 2018가합101770
홍보관 명도 및 손해배상
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the plaintiffs' assertion

A. Although the real estate indicated in the attached list of the Plaintiff A Regional Housing Association Promotion Committee (hereinafter “Plaintiff”)’s assertion (hereinafter “instant Housing Promotion Committee”) is owned by the Plaintiff Promotion Committee, the Defendant purchased and occupied the pertinent Housing Promotion Committee from Nonparty D who was not entitled to dispose of the said real estate.

Therefore, the defendant is obligated to deliver the above house promotion officer to the plaintiff promotion committee.

B. The Defendant asserted that Plaintiff B (hereinafter “Plaintiff B”) purchased the instant Housing Promotion Center from D and received it, and then renewed a lease contract in its name by linking the owner of the said Housing Promotion Center with the owner of the said Housing Promotion Center, changed the owner of the said Housing Promotion Center’s name to the Defendant, and obstructed Plaintiff B’s solicitation of members by blocking the supply of electricity. As such, the Defendant is obliged to compensate for damages equivalent to KRW 469,162,800 that the said Plaintiff suffered due to the said tort.

2. We examine whether, ex officio, the part claimed by the Plaintiff promotion committee among the instant lawsuit, the part claimed by the Plaintiff promotion committee is lawful.

A. Although there is no partnership or legal personality under the Civil Act of the plaintiff promotion committee, in distinguishing between a non-corporate group which is recognized as an association, it should be judged on the basis of the strongness of its organization. Any organization has a rule that has its own objective and has an organization, such as making decision-making body and appointing a representative who is an executive body, based on which the organization has a decision-making body and its execution method is carried out by the principle of majority majority, regardless of the organization's accession, withdrawal, etc., the organization itself remains in existence, regardless of the organization's method of representation, operation of a general meeting or board of directors, etc., composition of capital, management

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