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(영문) 대전지방법원 2013.04.11 2013가합359

기타

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against D, E, and F for the closure of a clan, etc. with the Daejeon District Court Branch 2003Gahap413, and on June 1, 2004, mediation was concluded between the plaintiff, D, E, and Mediation Intervenor C. According to Article 4 of the mediation protocol, the decision is made to decide whether the name of the clan will be maintained as the current name of the plaintiff or to be changed to B at the general meeting of the clan in 2004 pursuant to Article 4 of the mediation protocol.

(F) The decision of recommending reconciliation between the plaintiff and F became final and conclusive.

Accordingly, on November 14, 2004, the plaintiff clan held the general meeting of clans (hereinafter referred to as the "general meeting of this case") and decided to change the name of the clan to B, elected the representative of G, and thereafter, the representative of the plaintiff clan is changed to H and D in sequence, and now D is the representative of the plaintiff clan.

C. C participated in the above resolution, but the resolution is not accepted by itself, and refused to sign the minutes and left the minutes.

Since then, the plaintiff filed a lawsuit against G, I, J, and F for the registration of ownership transfer with the Daejeon District Court Branch Branch 2006Gahap551, and on December 26, 2007, the above court rendered a judgment dismissing the lawsuit on the ground that C does not have the right to represent the plaintiff's clan. The plaintiff appealed against this decision, but on July 11, 2008, the judgment dismissing the appeal was rendered. The judgment dismissing the appeal was again rendered on October 9, 2008, but the judgment dismissing the appeal was affirmed on October 13, 2008, and the above judgment became final and conclusive on October 13, 2008.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 2, Eul evidence 1-1, 2-2, and 2-1 to 3, the purport of the whole pleadings

2. The defendant's judgment as to the legitimacy of the lawsuit is that the representative C of the plaintiff's clan is not a legitimate representative of the plaintiff's clan, so the name of the plaintiff's clan has been changed to B through the general assembly of this case, and that the plaintiff's clan has been elected as the representative of the plaintiff's clan.