(영문) 청주지방법원 2017.11.30 2017가단100550

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(영문) 청주지방법원 2017.11.30 2017가단100550

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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. In the event that a clan, an association which is not a juristic person, conducts a lawsuit on collective ownership property, it shall undergo a legitimate resolution of the general meeting of the clan unless there are special circumstances, and in holding such a general meeting, barring special circumstances, each person shall be given an opportunity to participate in a meeting, discussion, and resolution by the general meeting of the clan held without a notice for convening a meeting of the clan because it is clearly possible to notify all the clan members residing in Korea after determining the scope of the members of the clan who are subject to a notice for convening a meeting, and their whereabouts are clearly residing in the country.

On the other hand, after the Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005, adult females who are the descendants of joint ancestor are also members of the clan, so if they did not call a notice for convening only to the members of the clan at the time of the general meeting of the clan and did not notify the members of the female clan, the resolution at the general meeting of the clan shall

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010, etc.). B.

However, in the case of this case, even if all the evidence presented by the plaintiff were integrated, it is insufficient to recognize that the plaintiff passed a resolution of the general meeting of clans after going through legitimate procedures for convening a convening notice individually to all clan members who are able to be informed of their domicile in Korea, because of the clearness of their domicile in this case.

Therefore, the instant lawsuit against the Defendants is unlawful as it is brought without the resolution of lawful filing of a lawsuit.

2. Thus, the plaintiff's lawsuit against the defendants is all unlawful, and it is so decided as per Disposition by the assent of all.

참조판례

-대법원 2010. 2. 11. 선고 2009다83650 판결

유사 판례

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