소유권이전등기
1. Revocation of a judgment of the first instance;
2. The instant case is remanded to the Chuncheon District Court.
The purport of the claim and appeal is the purport of the appeal.
1. On the lawsuit of this case, the plaintiff asserted that the real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") is owned by the plaintiff and claimed that the real estate in the separate sheet (hereinafter referred to as "each real estate of this case") is owned by the plaintiff, and against the defendants who are the present owner of each real estate of this case, the court of first instance rejected the lawsuit of this case by accepting the plaintiff's main safety defense that the court of first instance cannot be deemed the legitimate representative of the plaintiff's clan since the general meeting of the plaintiff on June 26, 2011 and October 11, 2011 related to the selection of representative was defective in the procedures for convening the notice.
2. The parties' assertion
A. The summary of the grounds for appeal by the plaintiff every year
3.15. Departments
9. Since it is the practice of the Plaintiff clan to hold an ordinary general meeting as of October 1, 201 at the same time, it is not required to convene a separate general meeting as of October 11, 201 (No. 15, 2011). The Plaintiff appointed DL as a representative at the ordinary general meeting as of October 29, 2012 (No. 15, 2012) and ratified the institution of the instant lawsuit, the judgment of the first instance court that concluded otherwise is inappropriate.
B. The day of the general meeting of the Plaintiff clans of October 15 of 201 and the resolution of the general meeting of October 29, 201, which was not held at that time pursuant to the articles of incorporation of the Plaintiff clans of October 2003, the day of the general meeting of October 15 of 201 and October 29 of 2012, which was not held at that time, are merely an extraordinary general meeting, and the separate convocation procedure is required. However, the resolution of the Plaintiff clans of this case concerning the filing of the lawsuit and the election of the representative is not in accordance with the lawful convocation procedure, and thus, the lawsuit of this case is unlawful.
3. Determination
A. The 1st history of recognition and the marity Plaintiff is a clan that has been formed in around 1607 with DMC 56 years old-old DN, and continues to exist until now. The Plaintiff’s clan was drafted in around 1920.