손해배상(기)
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed factual basis
A. On December 20, 2007, the Plaintiff clan sold the land before the instant division of the Plaintiff clan, the previous trade name of the Plaintiff Company P was “S,” and its trade name was changed to “P,” via “T,” respectively.
On September 30, 2009, Q. Q. 46,821§³ in Chuncheon-si, Q. 42,315 square meters in Q. 42,315 square meters in Q. 4,479 square meters in U forest, and 27 square meters in V forest.
R Forest land was divided into 1,675 square meters on January 28, 2008 into 1,271 square meters, X 229 square meters and Y 175 square meters on January 28, 2008.
(hereinafter referred to as the "land before the division of this case" was entered into a sales contract to sell the land before the division of this case, and the registration of ownership transfer was completed on December 21, 2007 in the P Co., Ltd.
B. 1) W, without the resolution of the general meeting of the clan, filed the instant lawsuit on June 2, 2017 on behalf of the Plaintiff clan. 2) On July 22, 2017, W, without the resolution of the general meeting of the clan, submitted the instant lawsuit on behalf of the Plaintiff clan. 2) The Plaintiff clan held an extraordinary general meeting (29 and 29 members who submitted the power of attorney) (hereinafter referred to as “special meeting of July 22, 2017”) while 58 members of the clan were present (29 members), and confirmed that W was elected as the representative of the Plaintiff clan’s board of directors, and W was elected as the representative of W, and confirmed that W brought the instant lawsuit on behalf of the Plaintiff, and decided to delegate W with all rights to the instant lawsuit.
3) When the judgment was rendered that a resolution made at the extraordinary general meeting of the Chuncheon District Court 2016Da54370) through the relevant lawsuit (Sacheon District Court 2016Da54370) is null and void, the Plaintiff’s clan is the extraordinary general meeting of December 29, 2018 (hereinafter “the extraordinary general meeting of December 29, 2018”), and “the extraordinary general meeting of December 29, 2018”
(A) The meeting minutes (No. 23-1) states that 50 persons are present and the power of attorney is submitted by 149 persons. However, the evidence No. 22-1 states that 27 persons are present and the power of attorney is not submitted at all. In doing so, the resolution at the extraordinary general meeting of July 22, 2017 is ratified and W is elected as the president.