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(영문) 대전지방법원천안지원 2015.06.23 2014가단112039
마을기금 분할 청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by the representative C of the Plaintiff.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The plaintiff is a non-corporate association that is a resident of A and has been composed of majority of 20 years of age or older, and the lawsuit of this case seeks a partial payment of the Village Fund against the defendant who is the head of "D".

The form of the property ownership of a non-corporate association is collectively owned. The lawsuit concerning the property jointly owned by a non-corporate association can only be filed in the name of the non-corporate association through a resolution of a general meeting of members or become the whole members of the non-corporate association, or in the form of an indispensable co-litigation. The lawsuit filed by a non-corporate association without a resolution of a general meeting of members is unlawful by

(1) In light of the above legal principles, the Plaintiff voluntarily held that the instant lawsuit was unlawful, and thus, the Plaintiff did not have the special power of the general assembly for filing a lawsuit, as it is related to the collective property of an unincorporated association. Thus, the instant lawsuit is deemed unlawful, and thus, it is so decided as per Disposition by the application of Article 108(2) and (1) of the Civil Procedure Act with respect to the cost of lawsuit.

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