1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. The plaintiff of this safety defense was assessed against the Dongdong-gun, Gyeonggi-do, Gyeonggi-do, Dongcheon-do, 348 square meters of forest land 968 square meters, and thereafter, on August 1, 1988, the administrative district was divided into Dong Dong-do 1 and Dong-dong 2, and the plaintiff and the designated party eventually owned the above real estate. Since the defendant completed the registration of preservation of ownership of the above real estate on August 13, 1996, the defendant sought the cancellation of the registration of preservation of ownership of the above real estate.

The defendant asserts that the lawsuit of this case is unlawful because it was filed without the resolution of the village general meeting.

2. Determination

(a) a lawsuit concerning collective property can only be brought in the form of an essential co-litigation, either under the name of the non-corporate body or by a resolution of the General Assembly, or by all its members being the parties thereto, and a lawsuit brought by a non-corporate body without a resolution of the General Assembly is unlawful by putting special acceptance of the lawsuit in question;

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007, etc.). In addition, the provisions of Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of jointly owned property, and unless there are any special circumstances, it shall be subject to a resolution at a general meeting of members pursuant to Article 276(1) of the Civil Act,

(See Supreme Court Decision 2007Da17062 Decided December 27, 2007). B.

Plaintiff

Since the designated person is a kind of non-corporate body as a natural village, it is necessary to make a legitimate resolution of the village general meeting regarding the filing of the lawsuit in this case.

According to the Evidence A Nos. 8-1, 8-2, 9-1, and 9-2, the Plaintiff shall hold a general meeting on December 28, 2014, and the Appointor shall hold a general meeting on December 27, 2014 and may recognize the office which has made a resolution to approve the instant suit at each general meeting on December 27, 2014.

However, according to Gap evidence Nos. 10-1 and 10-2, the plaintiff's village rules and the Selection's village rules provide that the plaintiff's village rules and the Selection's village rules shall be composed of residents registered on the resident registration of Dong-ri or Dong-ri 2, and they shall be at the end of each year.