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(영문) 서울중앙지방법원 2017.01.11 2015가단187773
건물명도 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the purport of Gap evidence No. 20 and the entire pleadings, the plaintiff is an individual owner listed in the register of the register of the building 2 and 3rd, Jongno-gu, Seoul, Jongno-gu, Seoul, as a member of the submission of a written consent to the development of commercial buildings (including those delegated by legitimate procedures), and can recognize the fact that the plaintiff is a representative, a general meeting, a committee, and an organization that is not a corporation with an

2. As alleged in the grounds of appeal and determination, the Plaintiff leased the real estate indicated in the separate sheet 836.58 square meters in total among the real estate indicated in the separate sheet 836.58 square meters in addition to the portion indicated in the separate sheet 836.58 square meters in addition to the portion indicated in the separate sheet 836.58 square meters in total, (a), (b), and (c) the portion indicated in the separate sheet 836.58 square meters in total in addition to the portion indicated in the separate sheet 836.58 square meters in addition to the portion indicated in the separate sheet 836.58 square meters in addition to

ex officio, we examine the legitimacy of the instant lawsuit.

Unless there are special circumstances such as otherwise stipulated in the articles of incorporation, when a non-corporate association files a lawsuit concerning property jointly owned by it, it shall undergo a resolution of a general meeting of partners. Thus, a lawsuit filed by a non-corporate association in its name without such a resolution of general meeting of partners is unlawful, since the requirements for

(see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 2011). We examine whether the Plaintiff passed a resolution at a general meeting to bring the instant lawsuit.

First, according to the evidence evidence Nos. 20 and 21, Article 13 of the Plaintiff’s Rule provides that matters concerning the disposal of property shall undergo a resolution of the Committee. The Plaintiff’s committee, which was held on November 11, 2015 after the filing of the instant lawsuit, may recognize the fact that the Plaintiff’s committee, which was held on November 11, 2015 after the filing of the instant lawsuit, has resolved to file a request for clarification against the Defendant. However, according to the Plaintiff’s evidence No. 20,

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