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(영문) 춘천지방법원강릉지원 2016.04.20 2015가단6070

통장등인도

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The items in the attached list of the Plaintiff’s claim are owned by the Plaintiff.

Although the Chairperson newly appointed and requested the defendant to deliver the items listed in the attached list, he/she did not comply with the request.

The defendant is obligated to deliver to the plaintiff the articles listed in the attached list.

2. In order to take effect the resolution of the general meeting for the appointment of a clan representative to determine whether a lawsuit is legitimate, a resolution of the general meeting for the appointment of a clan shall not be effective, so if the general meeting does not follow the rules of the clan and is not convened by legitimate convening authorities, a resolution of the appointment of representative at the above general meeting shall not be

(Supreme Court Decision 92Da34124 delivered on November 27, 1992). In addition, the provisions of Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of jointly owned property, and barring any special circumstance, the preservation of jointly owned property shall be subject to a resolution of the general meeting pursuant to Article 276(1) of the Civil Act.

(See Supreme Court Decision 2007Da17062 Decided December 27, 2007). On the other hand, since a clan is a naturally created family group composed of members for the purpose of protecting the graves of a common ancestor, promoting friendship among its members, etc., the descendants who share the same clan with the common ancestor shall naturally become its members when they reach majority without distinction of gender (Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005), and a notification of convening a general clan meeting shall be given in a proper manner to the members of the clan who are eligible to attend the general meeting, and the resolution of the clan meeting held without the above notification notice shall be denied, and the resolution of the clan meeting shall be obtained with the consent of the majority of the members of the clan, without the consent of the resolution of the majority of the members of the clan.