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(영문) 제주지방법원 2017.07.07 2016가단54406
건물명도
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Since the Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff seeking the transfer of the instant real estate against the Defendant possessing the said real estate.

However, in order to conduct litigation concerning the management and disposition of collective ownership, a resolution at a general meeting shall be required unless there are special circumstances such as the articles of incorporation otherwise (see, e.g., Supreme Court Decisions 98Da46600, Oct. 22, 199; 2004Da44971, Sept. 15, 2005; 2008Da20898, Nov. 27, 2008). There is no evidence to deem that there was a resolution at a general meeting of the Plaintiff regarding the instant litigation.

The Plaintiff’s real estate was acquired with the Plaintiff’s representative’s effort and cost, and the Plaintiff’s right to manage and dispose of the real estate of this case granted to C the right to manage and dispose of the real estate of this case. As such, the Plaintiff’s procedural acts concerning the management and disposal of the real estate of this case are asserted that there is no need for the resolution of the Plaintiff’s general meeting. Accordingly, according to the result of the Plaintiff’s inquiry on the presentation of this court, the real estate of this case is designated as “the real estate of this case with its own parking lot.” The real estate of this case is designated as “the real estate of this case.” The fact that C was recorded as the manager, and the qualification for application for the above movement can only be recognized, but the fact of this recognition alone is insufficient

Therefore, the instant lawsuit is unlawful as it does not have a legitimate resolution of the general meeting.

Thus, the plaintiff's lawsuit of this case is dismissed as unlawful.

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