(영문) 창원지방법원밀양지원 2015.05.13 2014가단682

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(영문) 창원지방법원밀양지원 2015.05.13 2014가단682

손해배상(기)

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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

1. The Plaintiff asserted that the Plaintiff had a resolution on November 10, 1994 to newly construct a manager and stable (hereinafter “the instant building”) at the Defendant’s expense on the land D and E (hereinafter “instant land”) owned by the Plaintiff and to contribute the building to the Plaintiff after using the building for 20 years.

Accordingly, while the Defendant newly constructed and used the instant building on June 25, 2012, the Defendant disposed of the instant building to F without permission on June 25, 2012, and removed the stable on August 24, 2012, thereby making it impossible to perform the duty to donate the instant building to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 36,90,000 won, the amount equivalent to the company's market price of the building of this case, and 27,300,000 won, which is the amount equivalent to the company's market price, from June 25, 2012, the disposal date, and 9,600,000 won, which is the amount equivalent to the company's market price, from August 24, 2012 to the delivery date of the duplicate of the complaint of this case, from August 24, 2012 to the day of complete payment, 5% per annum and 20% per annum from the next day to the day of complete payment.

2. We examine whether C’s representative authority is indicated as the Plaintiff’s representative ex officio in determining the legitimacy of the instant lawsuit.

The Plaintiff asserts that C was elected as the representative of the Plaintiff at the Assembly of January 6, 2013 and the Assembly of February 8, 2015.

The representative of a clan shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the clan shall convene and elect persons of age or older among the members of the clan, and if not, the head of the clan or the head of the clan shall not appoint the head of the clan or the head of the clan, and if there is no rules or practice regarding the appointment of the head of the clan, he/she shall notify the existing members of the clan who have become the head of the clan or the head of the clan and shall convene a general meeting of the clan and shall appoint the representative of the clan at the meeting

Supreme Court Decision 2009Da26596 Decided December 9, 2010

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