1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and the appeal.

1. The grounds for the acceptance of the judgment of the court of first instance are as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following parts.

[Supplementary Rule] Grounds for the first instance judgment

2. The judgment on the previous defenses on the merits shall be made as follows:

2. Determination as to the defense prior to the merits

A. The Defendant’s assertion is an unincorporated association, and thus, in order to file the instant lawsuit concerning collective property, the resolution of the general meeting under the provisions of the Plaintiff’s articles of incorporation must be required.

Nevertheless, the lawsuit of this case, which was filed without the resolution of the general meeting, is in an infinite law.

Even if the plaintiff made a resolution of ratification of the procedural acts at the self-general meeting on March 24, 2020

Even if the above general meeting did not go through the notice procedure for convening the general meeting under the articles of incorporation, and the articles of incorporation of the plaintiff general meeting received a written resolution from representatives, although there is no provision that the resolution may be adopted in writing, and it did not go through the prior notice procedure as provided in the written resolution execution manual notified by the Gyeonggi-do branch, which is a superior organization of the plaintiff, and thus the ratification resolution is also null and void because its procedural defect is very serious.

B. Unless there exist special circumstances, such as that there is any other provision in the articles of incorporation in a lawsuit concerning property jointly owned by a non-corporate association, a resolution of a general meeting of members is required. Thus, a lawsuit filed by a non-corporate association in its name without such a resolution of a general meeting of members is defective in the requirements for the lawsuit (see, e.g., Supreme Court Decision 2010Da97044, Jul. 28, 201). However, in cases where a lawsuit concerning property jointly owned by a non-corporate association was filed without a resolution of a general meeting, it becomes retroactively effective after the resolution of the general meeting (see, e.g., Supreme Court Decision 2018Da10135, Jul. 24, 2018).