2020Na12170 and the return of goods

A clan Association

Daejeon District Court Decision 200Na1480

[Defendant-Appellant]

1. B

2. C

[Defendant-Appellant] Plaintiff 1 et al.

Attorney Lee Jae-soo

Daejeon District Court Decision 2019Gahap103953 Decided May 7, 2020

September 17, 2020

2020, 10.8

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are incidental to the Plaintiff.

The judgment of the first instance is revoked. The Defendants shall deliver to the Plaintiff the goods listed in the attached Table within seven days from the date the judgment of this case became final and conclusive.

1. Quotation of the first instance judgment

The reasons for this Court concerning this case are as follows, and I accept this case in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where I supplement and add the judgment as follows with respect to the matters asserted by the plaintiff in priority in the trial.

2. Supplementary parts

If it is interpreted by expanding the contents of the resolution of the clan general meeting of this case to include the lawsuit of this case seeking delivery of goods listed in the attached list, it would distort the intentions of the members of the plaintiff clan, and it would be likely that the non-corporate group may escape the purport of the law so that the non-corporate group may go through a resolution of the general meeting of members in its name or become a party to all the members of the non-corporate group and be in an essential co-litigation form. In addition, it is difficult to interpret the contents of the resolution by expanding the contents of the resolution by the clan general meeting of this case, considering the following circumstances: although the plaintiff voluntarily ratified the lawsuit of this case through the clan general meeting, it is difficult to confirm the lawsuit of this case due to the reasons that the clan general meeting of this case was absent or it was not possible to obtain the consent of the members of the clan.

3. The addition;

A. The plaintiff's assertion

The defendants intended to deliver to the lawful representative (goods stated in the attached list). If the full bench recognizes that they are the legitimate representative of the plaintiff at the present time, the defendants also have the honor to implement the proper procedure. This is conditional recognition and acceptance provided that J is a legitimate representative. However, the plaintiff was identified as a legitimate representative, and thus the plaintiff was entitled to the claim of this case.

B. Determination

Since the recognition and recognition of a claim has the effect of resolving a lawsuit identical to a final judgment on the merits, I will meet the requirements for a lawsuit to be rendered a judgment on the merits. However, as seen earlier, since the lawsuit of this case was filed in the name of the plaintiff without a resolution of the legitimate clan general meeting, and the requirements for the lawsuit are defective, I shall reject

Furthermore, even if examining, the Defendants still dispute that the J is not a legitimate representative, and the Defendants’ intent is asserted that the Defendants will return only to the goods owned by the Defendants if the legal representative confirms that the instant lawsuit was brought through a resolution of lawful action. Ultimately, the Defendants’ claim cannot be deemed as final recognition. The Plaintiff’s assertion is without merit.

4. Conclusion

Thus, the lawsuit of this case shall be dismissed as unlawful. The judgment of the court of first instance is justified with the conclusion, and the plaintiff's appeal is dismissed as it is without merit.

The presiding judge, Park Jong-young

Judge Lee Jae-soo

Judges Kim Gin-sik