소유권이전등기말소 등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff’s representative H.
1. Determination as to whether the representative H has the power of representation
A. Defendant D, E, F, and G cannot be deemed to be a legitimate representative of the Plaintiff’s president at the special meeting of a clan held without undergoing lawful procedures by H and I, which are the cause of the Plaintiff’s clan. Since the current legitimate representative of the Plaintiff is the president J, Defendant D, E, F, and G cannot be deemed to be a legitimate representative of the Plaintiff, it is alleged that the instant lawsuit was unlawful because H without the power of representation, and therefore, whether the Plaintiff’s representative is a legitimate
B. Determination 1) The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 3, 5, 9, 10, and Eul evidence Nos. 4. A) The plaintiff's grounds for the clan I demanded the J, the chairperson of the clan, to convene an extraordinary clan meeting on November 14, 2014, but the J did not hold an extraordinary clan meeting even upon the above request for convocation.
B) On December 5, 2014, I issued a mustering notice to the members of the clan, specifying the fact that he/she will hold the general meeting of the clan and the agenda thereof, to which he/she held the general meeting of the clan on December 21, 2014 (hereinafter “instant general meeting”) on December 21, 2014, 10 of the members notified to attend the general meeting of the clan and 24 of the voting rights were delegated to H. At the general meeting of the instant case, the resolution of dismissal to J and the resolution of H as the president and the resolution of the H as the vice president were adopted on August 1, 1970. D) The Plaintiff was established on August 1, 1970, and prepared at the time of its establishment (hereinafter “previous rules”).
The contents of the agenda shall be as follows:
Article 7 The members of this clan shall be the descendants of A clans.
Provided, That minors and females shall be excluded.
Article 11. The clans shall be held each year separately from the ordinary general meeting.
1. An extraordinary general meeting shall be convened by the Chairperson when it is required by a majority of members or more;
Provided, That in cases of numbers of votes of approval and disapproval, the Chairperson shall proceed or pay attention.