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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.
Reasons
Plaintiff’s assertion
As a non-corporate group, the Plaintiff is the owner of the land and its ground buildings in Daegu-gu D, and the Defendant, while serving as a general manager, managed the lease proceeds of each of the above real estate. From October 20, 2002 to July 8, 2018, the Defendant uses KRW 155,373,414 out of the lease proceeds of each of the above real estate and inflicted damages on the Plaintiff. The Plaintiff is obligated to pay the amount stated in the purport of the claim to the Plaintiff.
A resolution of the general meeting of July 1, 2018, which was asserted by the defendant for the judgment on the defense before the bill, did not have been adopted with the chairperson of the plaintiff's assertion, and the resolution of the special meeting of July 1, 2018, which was asserted by the plaintiff to be held for the institution of the lawsuit in this case, cannot be deemed lawful and effective by participating in the resolution and cannot be deemed legitimate and valid. The resolution of the special meeting of December 4, 2019, which was held again, did not require a notice of convening a meeting for some members. It cannot be said that there was a legitimate and effective resolution because it is unclear whether a quorum has been met
Therefore, the instant lawsuit is unlawful as it was filed without a legitimate resolution of filing a lawsuit by C, which has no legitimate representation of the Plaintiff.
Except as otherwise provided in the articles of incorporation, a lawsuit concerning collective ownership shall be brought by a non-corporate association. Thus, a lawsuit brought by a non-corporate association in its name without a resolution of such general members' meeting is unlawful as it lacks the requirements for the lawsuit, and thus, is unlawful.
Article 12(4) of the Plaintiff’s Covenant provides that “The regular general meeting’s resolution shall be made by the attendance of a majority of all members and the affirmative votes of a majority of all members,” and Article 75 of the Civil Act does not separately provide for the quorum of the extraordinary general meeting, but rather provides for the quorum of the general meeting.