1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion asserts that the movable property listed in the separate sheet (hereinafter in this case's movable property) is owned by the plaintiff and sought delivery of the movable property against the defendant under the premise that it is owned by the plaintiff.

2. Judgment on the main defense of this case

A. Since the Defendant’s main defense defense team is a non-corporate body, if the instant movable belongs to the Plaintiff, it should have been filed as a collective ownership property through a resolution of a general meeting of members, and thus, the instant lawsuit should be dismissed as it lacks the requirements for the lawsuit, and thus, it should be dismissed.

B. Article 276 (1) of the Civil Act provides that "the management and disposition of the general property shall be made by a resolution of a general meeting of members", and Article 276 (2) does not provide that "each member may use or benefit from the property jointly owned by him/her in accordance with the articles of association or any other rules," but does not provide the same provision as the proviso of Article 265 of the Civil Act or the proviso of Article 272 of the Civil Act that the act of preservation can be done by each member as in the case of joint ownership or joint ownership. This is a natural conclusion that the collective ownership, which is the form of ownership of an association which is not a juristic person, is strong compared to the joint ownership or joint ownership, is not recognized by members.

Therefore, a lawsuit concerning property collectively owned by an unincorporated association may either be filed in its name by a resolution of a general meeting of members, or only be filed in the form of an indispensable co-litigation with all its members as a party to the lawsuit, even if they are the representative of the association or the members of the association were resolved by the general meeting of members

Even if the lawsuit cannot be a party to the lawsuit, and this legal principle is the same to the case where the lawsuit is brought as a preservation act of collective ownership property.

(See Supreme Court en banc Decision 2004Da44971 Decided September 15, 2005, etc.). C.

Judgment

According to the records, as a non-corporate group, the plaintiff is an organization belonging to the general meeting of members under the articles of incorporation.