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(영문) 서울고등법원 2015.09.17 2014나2042071
부당이득금
Text

1. The judgment of the first instance is as follows, depending on the expansion of the Plaintiff’s claim and the addition of the ancillary claim.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the Defendant’s defense prior to the merits

A. As to the assertion that the plaintiff's collective nature has ceased to exist and that the households actually residing in the village of this case as of the main point of the defendant's argument are limited to 3-4 households as of the main point of the defendant's argument. The above village is incorporated into a RA zone development project, etc. implemented by the Korea Land and Housing Corporation, and it is difficult to see that the plaintiff's collective nature is maintained as a member of the above village because the above Housing Corporation's residents are planned to implement relocation promotion and compulsory withdrawal procedures in the future. Moreover, it is reasonable to see that the above village has become a member of the plaintiff's collective nature since the actual resident in the above village has no longer been the resident in the above village. Thus, the plaintiff's standing to institute the lawsuit of this case can be a party to the civil lawsuit, and if a Ri or natural father organized within the administrative district of this Ri has its own representative, who is a decision-making institution and executive agency, has the ability to act as a non-corporate entity as a non-corporate entity.

(See Supreme Court Decision 98Da33512 delivered on January 29, 199, etc.). However, according to the facts and evidence acknowledged earlier, the Plaintiff is deemed to have formed and operated a systematic community for a certain purpose, such as the decision-making body and practice of the general assembly, and the decision-making body and practice, which became the representative of the general assembly, while owning and managing its own property. In addition, the club organized within the administrative district of Dong-si as a matter of principle.

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