2019 Gohap103953 and the return of goods

Class A:

Law Firm Daejeon District Court Decision 201

[Defendant-Appellant]

1. B

2. C

March 19, 2020

2020,5.7

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

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. Facts of recognition;

A. The Plaintiff clan is a naturally created family organization that is composed of D 24 years of age and D 24 years of age and formed for the purpose of protecting the graves of the Plaintiff’s clan and promoting friendship between his descendants and descendants. Defendant B was a member of the Plaintiff’s clan from November 7, 2008 to December 6, 201, and Defendant C was a member of the Plaintiff’s clan who was in office as the member of the Plaintiff’s clan, and Defendant C was in office as the member of the Plaintiff’s clan during the term of office of Defendant B. B. The Plaintiff clan purchased the Plaintiff’s clan from F and G around October 5, 201, 88,8109 (hereinafter “instant land”). The Plaintiff’s clan purchased the Plaintiff’s share of F and H 81m (F, G), 1610,000,000 won among the major contents of the Plaintiff’s clan from around 5, 201, which was the member of the Plaintiff’s clan.

Article 15 [Fixed Number] An ordinary general meeting is the highest resolution body of the plenary session and its composition is the number of members who attend the meeting directly on the day of the third anniversary of the entry into the meeting for the year in which the general meeting is held. [DC 24 years old E, the third anniversary of the third anniversary of the entry into the general meeting (C)] and Article 16 [The general meeting and the general meeting of the plenary session shall be held as follows: (1) The general meeting shall be held once a year, and the general meeting shall be held once a year, and the extraordinary general meeting shall be held on the date of the third anniversary of the entry into the meeting, and the extraordinary general meeting shall be convened as if requested by the chairperson or if deemed necessary by the chairperson. (2) The general meeting shall deliberate and resolve the following matters: (a) Ratification of the amendments deliberated upon by the resolution of the plenary session or the board of directors for confirmation (B) of final and conclusive volunteers and graves and matters concerning approval (C) of the approval of the plan for the business of the chairperson and auditors (F) of the agenda.

(j) A resolution of the Board of Governors on matters concerning rewards and disciplinary actions (k) and other matters which require a resolution of the Board of Governors (iii) which are modified due to reasons arising after the compilation of the budget, and which are approved by the Board of Governors (iv) which are to be convened thereafter by the Board of Governors. (5) A resolution of the Board of Governors by the method of resolution and regular meeting of the Board of Governors may delegate a specific matter to the Chairperson. (v) A resolution of the Board of Governors shall be approved by a majority of the members present at the Board of Governors. However, a resolution of the Board of Governors shall require more than 1/10 of the members present at

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 2 through 4, the purport of the whole pleadings;

A. The plaintiff's assertion

1) The Defendants refuse to return the goods listed in the attached list even after they were left with the chairperson and the general office of the Plaintiff clan, and as a result, the operation of the Plaintiff clan has been hindered, the Defendants are obliged to deliver the goods listed in the attached list, which are owned by the Plaintiff clan, to the Plaintiff clan.

2) As the Plaintiff clan decided to file the instant lawsuit at the general meeting of the clans opened on November 17, 2018 (hereinafter “the instant clans general meeting”), the instant lawsuit is lawful.

B. The defendants' assertion

I is not a legitimate representative of the plaintiff clan, and the lawsuit of this case is unlawful because it cannot be deemed that it was filed through a legitimate general meeting resolution of the plaintiff clan.

3. Determination on the legitimacy of the instant lawsuit

A. Relevant legal principles

A lawsuit concerning property jointly owned by a non-corporate group is only a form of indispensable co-litigation, either under its name or all its constituent members become the parties thereto (see, e.g., Supreme Court en banc Decision 2004Da44971, Sept. 15, 2005). Thus, a lawsuit filed by a non-corporate group in its name without a resolution of the general meeting of members is unlawful as it lacks the requisite for the lawsuit (see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 201).

B. Determination

1) In light of the following circumstances acknowledged by comprehensively taking account of the evidence No. 7 and the overall purport of the arguments, it is insufficient to view that only the evidence submitted by the plaintiff clan has legally decided the institution of the instant lawsuit at the instant clan meeting.

A) Although the Plaintiff clan decided to 'the registration of division of the land of this case' at the instant clan general meeting, it is interpreted to have decided to take measures necessary for the registration of division of the land of this case (such as a lawsuit for division of co-owned property), it is not related to the lawsuit of this case seeking delivery to the Defendants (the goods listed in [Attachment List Nos. 4 and 5].

B) The Plaintiff’s clan has resolved to the effect that the Plaintiff’s establishment of the instant clan is also included in the above resolution since all the contents of the clan’s land in the instant clan were stated in the Civil and Criminal Assembly to be “to search for the property of the clan by filing a civil and criminal complaint.” However, since the shares purchased by the Plaintiff’s clan in the instant land had already been registered for the transfer of ownership as owned by the Plaintiff clan, it is not related to the Plaintiff’s establishment of the property of the Plaintiff clan.

2) Although the Plaintiff’s clan tried to ratification the institution of this case at the clan’s clan on November 6, 2019, it is the fact that the said clan’s general meeting was absent and it did not ratification the institution of this case.

4. Conclusion

The lawsuit of this case filed in the name of the plaintiff clan without the resolution of the legitimate clan general meeting is dismissed as it is inappropriate.

Records of judges of the presiding judge;

Delay of Judge

Judges Lee Jae-jin