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(영문) 의정부지방법원고양지원 2019.09.20 2018가단75944
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the defense prior to the merits

A. 1) The Plaintiff’s representative D, who instituted the instant lawsuit by the Defendants, is dismissed from office at the temporary middle-class general meeting on June 67, 2017 and does not have the authority to represent the Plaintiff. 2) The Plaintiff’s representative D, who instituted the instant lawsuit before June 27, 2017, who was the Plaintiff’s representative, may be recognized if there is no dispute between the parties, or if considering the overall purport of the pleadings in light of the written evidence No. 9, 10, and 22, the evidence submitted by the Defendants alone is insufficient to acknowledge that D was legally dismissed as alleged by the Defendants, and there is no other evidence to prove otherwise.

The above assertion by the Defendants is without merit.

B. 1) The Plaintiff, the non-corporate group of the Defendants’ assertion that the resolution was not adopted at a general meeting, did not undergo the resolution at a general meeting in order to institute a lawsuit. Thus, the instant lawsuit is unlawful, barring special circumstances, such as the existence of other provisions in the articles of incorporation, in the event that the non-corporate group files a lawsuit concerning collective ownership property, the resolution at a general meeting of members should be adopted. Thus, the lawsuit filed in its name without such resolution at a general meeting of members lacks the requirements for lawsuit, and is unlawful.

(see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 2011). We examine the instant case in light of such legal doctrine.

In addition to the statements in Gap evidence 7 and Eul evidence 3, the plaintiff's articles of incorporation stipulate matters relating to the acquisition, disposal, and management of property as a matter of resolution by the board of directors, and the fact that the plaintiff's board of directors held on March 16, 2018 resolved to institute the lawsuit in this case.

In full view of these facts, the instant lawsuit ought to be deemed to have been brought through the procedures stipulated in the articles of incorporation of the Plaintiff.

The above assertion by the Defendants is without merit.

(c).

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