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(영문) 광주지방법원 2016.11.09 2015가단519391
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The cause of the claim shall be as shown in the attached Form;

2. Ex officio determination

A. Fact-finding 1) The Plaintiff is an organization established with the aim of improving the economic and social status and contributing to the development of the Young-gun E and the common interests of the F local residents. 2) The Plaintiff’s membership is a person registered in a social organization to smoothly operate the A service management among the head of the household aged 20 years or older, or the head of the household aged 20 years or older, who shares the address with the head of the household, and the F residents who share the address with the head of the household.

3) The main contents of the Plaintiff’s articles of incorporation at the time of filing the instant lawsuit are as follows. Of the matters to be referred to the Assembly, disposal of property, sale, gift, collection, bonds, security, lending, approval of acquisition, and other important matters and matters referred by the Chairperson.

Matters to be referred to the board of directors shall be referred to the matters concerning the management of property, such as matters concerning the performance of duties, the formulation of a business plan, the budget for withdrawal of revenue and the approval of settlement of accounts, matters delegated by the general meeting, disposal of property, sale, donation, collection, lending, acquisition, and other matters concerning the operation of the council and the execution of meetings.

The proceedings of the general meeting shall be decided by the majority of the members present, and the resolution of the board shall be decided with the attendance of the majority of the members present

[Facts without dispute over the basis of recognition, entry of Gap evidence 2-1, 2-2, and Gap evidence 3, the purport of the whole pleadings

B. Unless otherwise stipulated in the articles of incorporation, in a case where a non-corporate group files a lawsuit concerning property jointly owned by it, it shall undergo a resolution of a general meeting of partners, barring special circumstances such as that there are other provisions in the articles of incorporation. Thus, a lawsuit filed by a non-corporate group in its name without such resolution of

(see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 2011). According to the above facts of recognition, the Plaintiff has the organization of the decision-making body and the executive body, etc., and the decision of the organization was made by the organization.

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