토지인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. In the first instance court within the scope of the trial of this court, the Defendant asserted that “I’s representative is not the legitimate representative of the Plaintiff, and the lawsuit of this case is unlawful since it was brought without the resolution of the Plaintiff’s general meeting.” However, the court of first instance rejected the Defendant’s main defense and rendered a favorable judgment against the Plaintiff.
Since the defendant appealed against the judgment of the court of first instance and only the defense of first instance alleged in the court of first instance is the grounds for appeal, this court shall judge whether the defendant's defense of first instance is legitimate.
2. Facts of recognition;
A. The Plaintiff is a clan that consists of descendants who are 14 years of age or older in DC trial E and who are 14 years of age or older in China.
B. On February 27, 2006, the Plaintiff held a general meeting and resolved on the agenda that I appoint I as the chairperson of the Plaintiff, and the clan's rules are amended by the articles of incorporation.
C. The Plaintiff’s paper B and 39 others (hereinafter “B, etc.”) filed a lawsuit against the Plaintiff to nullify the invalidity of the judgment of Suwon District Court 2007Gahap17041, Jun. 17, 2008, the said court rendered a judgment that “the resolution of the general meeting appears to be a clerical error in the “general meeting of February 7, 2006” in the text of the judgment of Suwon District Court 2007Gahap17041, Feb. 27, 2006,” but this appears to be a clerical error in the “general meeting of February 27, 2006.”
The plaintiff appealed against the above judgment, and the settlement in the appellate court (Seoul High Court 2008Na68038) has been established as follows:
1. B, etc. and the Plaintiff agree to convene a general meeting of the Plaintiff’s clan as follows:
Place: Nmentment room in e.g., e.
(b) Date: March 29, 2009: 15:00
(c) Convening authority: C;
Caller and subject: Notification to clan members listed in the list of the family addresses available for liaison with the plaintiff clan and the list of the persons responsible for liaison for each region of the Jins Association by 10 days before the date of the general meeting
E. Agenda: Election of the representative and officers of the Plaintiff clan, the Suwon District Court 2007Gahap17041, .