Method of election of representatives of literature;

In the event that there are 33 applicants, and there is no provision on the election of representatives of literature, it is unlawful to convene a male who has attained majority or more of the members of the literature, and to file an application for provisional disposition of this case with the consent of only 120,00 of the members of the literature, instead of taking such procedures, after obtaining the consent of a majority of the members of the literature, which is the representative of the applicants.

Article 48 of the Civil Procedure Act

Supreme Court Decision 66Da1660 delivered on December 6, 1966 (Supreme Court Decision 2337 delivered on November 14, 1966, Supreme Court Decision 62Da753 delivered on December 27, 1962 (Supreme Court Decision 67Da2622 delivered on April 30, 196 (Supreme Court Decision 1162 delivered on June 162, 196, Supreme Court Decision 16Da295 delivered on December 29, 200, Article 48(19) of the Civil Procedure Act(Supreme Court Decision 62Da793 delivered on December 27, 1962, Supreme Court Decision 67Da793 delivered on April 30, 1968)

Of the petitioner's text

Respondent 1 and 2 others

Busan District Court (74Kada4736)

The appeal is dismissed.

Expenses for appeal shall be borne by the representative of applicants and one other than the applicant.

The original judgment shall be revoked.

On June 26, 1974, the decision of provisional disposition on real estate recorded in the attached list shall be approved by the Busan District Court 74Ka3920 on the provisional disposition of real estate.

The costs of lawsuit shall be borne by the respondent, and the preliminary claim shall be approved by the preliminary claim in the trial, and the provisional disposition shall be approved by the applicant for the preliminary claim against the respondent in attached Form 1.

The provisional disposition of 7/13 of the shares of ownership in the real estate listed in the attached Table 2 list against the respondent 2 and 3 shall be approved.

The costs of lawsuit are assessed against the respondent.

First of all, it is examined whether the applicant's non-party 1 is a legitimate representative qualification or not.

The fact that at least 33 men of age and age among the applicants is not a dispute between the parties. Under the premise that at least 17 men have a sex for 17 years or more in the applicant's door, the applicant's representative convened a meeting on July 5, 1974 and appointed 11 as a representative from among the applicants' door to attend the meeting in order to bring the lawsuit in this case. However, the resolution of the meeting in the above door cannot take effect because it was conducted by only 1:00 on May 31, 1975 without giving notice to the whole members of the door, and it is difficult to find that there was no dispute between 16:1,2 and 3 on the fact that 4 of the applicant's door were the deceased (three persons argued to be the deceased are the survivors according to each statement of 16:3 of the applicant's door and 4 of the notification of convening the meeting, and it is difficult to see that there was no other dispute between 12 and 14 of the report of convening the meeting.

Therefore, in this case where there are 33 applicants, there is no special rules on the selection of representatives from the door, and in which there is no special rules on the selection of representatives from the door, the male who is an adult or more shall be convened among the door in this case without following the resolution of a majority of the persons present, and the application for provisional disposition of this case shall be filed with the consent of only 120,00 among the door members, and the non-applicant 1 shall be referred to as the representative of the applicants, and it is illegal and illegal, and therefore, the decision of the court below shall be dismissed without examining the applicant's written application for provisional disposition of this case. Thus, the appeal by the applicant is just and without merit, it is dismissed by Article 384 of the Civil Procedure Act, and it is so decided as per Disposition by the application of Articles 95, 89, and 99 of the Civil Procedure Act.

[Attachment List of Real Estate]

Judges Lee Jong-dae (Presiding Judge)