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(영문) 대전지방법원 2015.02.11 2014나5737
추심금
Text

1. Revocation of a judgment of the first instance;

2. Dismissal of the instant lawsuit

3. The total cost of the lawsuit shall be borne by C.

purport.

Reasons

1. Determination on this safety defense

A. The defendant asserts that the lawsuit of this case is unlawful, since the plaintiff is not a person who actually exists, and its representative is not C.

B. Therefore, according to the purport of the evidence Nos. 1, 2, and 2, and 3 as a whole and the arguments, among Class A, filed a lawsuit against the Plaintiff against the Plaintiff for the registration of cancellation of the registration of change of the name titleholder. On November 8, 2011, the Daejeon District Court 201Na4863 on the ground that the Plaintiff was an unincorporated organization, and the judgment dismissing the lawsuit was rendered on November 8, 201, that the total costs of the lawsuit are borne by Category A. The Plaintiff, who was the debtor of Class A, was determined as Red Branch of the Daejeon District Court 201Kama110 on the ground that the Plaintiff was determined as the amount of litigation costs under the above decision and received the claim attachment and collection order under Article 2013Ma2715 on the ground that the Plaintiff was an unincorporated organization, and each of the above claims attachment and collection order was served on the Defendant on September 17, 2013.

In light of the above facts, the Plaintiff claimed litigation costs against the Defendant on the ground that the Defendant was the general secretary of the Class A, who bears the total costs of the lawsuit in the Daejeon District Court Decision 201Na4863, but at the same time, the representative of the Plaintiff asserted that the Plaintiff was changed to D, and there is no evidence that the Plaintiff was to separately establish the Plaintiff from Class A after the above Daejeon District Court Decision 201Na4863, the Plaintiff was not an actual organization recognized as separate from Class A, and even according to the Plaintiff’s assertion, the Plaintiff is not the representative of the Plaintiff. Accordingly, the instant lawsuit is unlawful as a lawsuit filed by the non-actual organization and by a non-representative of the power of representation.

2. Thus, the plaintiff's claim of this case is dismissed as it is unlawful, and the judgment of the court of first instance is unfair as it is concluded differently, and the judgment of the court of first instance is revoked, and the claim of this case is requested.

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