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(영문) 부산고등법원 2019.05.16 2018나56834
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this part of the underlying facts are as follows: (a) the reasoning for this court’s finding is the same as the reasoning of the judgment of the first instance, except where all of the Defendant’s “B” is cited as “B”; and (b) thus, they are cited by the main sentence of

2. The Plaintiff’s assertion B did not pay three-year rents from December 7, 2016 to March 6, 2017, and management expenses for two-months. Therefore, the Plaintiff terminated the lease by delivery of a copy of the instant complaint.

Therefore, the Plaintiff, as an executive member of the instant association, seeks the transfer of the leased object to B.

In addition, since the instant association was dissolved by the Plaintiff’s request for dissolution on January 2017, the Plaintiff, as a liquidator, sought delivery of the leased object of this case from B.

Even if the Plaintiff could not independently file the instant lawsuit as an executive member or a liquidator, the Plaintiff, as one of the joint owners of the instant building, sought delivery of the instant lawsuit against B as a preservation act of the combined relics.

3. Ex officio determination as to the legitimacy of the instant lawsuit

A. The reasoning for this part of the judgment of the court is that the Plaintiff received a voluntary lawsuit trust from the instant partnership as an executive partner, and this part of this part is identical to that of the judgment of the court of first instance, except for the case where all “Defendants” are deemed to be “B,” and thus, this part is cited under the main sentence of Article 420 of the

B. In principle, the lawsuit on whether or not the Plaintiff can file the lawsuit of this case as an act of preserving the partnership-lic in the position of its members may be filed by each of the joint owners, respectively, under the proviso to Article 272 of the Civil Act (see, e.g., Supreme Court Decision 2010Da93806, Feb. 9, 2012). The lawsuit seeking delivery of the partnership-lic is an act of preserving the partnership-lic.

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