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(영문) 서울고등법원 2017.09.21 2016나2081759

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as the parties

(2) From March 1, 2006, the Defendant served as the president of the Plaintiff or the president of the general affairs division from March 1, 2006 to October 201, 2015, the five large-scale crew members of D’s five large-scale members of D’s five large-scale members of G, the south of G, the son of G, the son of the son F. The Defendant served as the president of the Plaintiff or the vice president of the general affairs division. L served as the adviser from March 1, 2006 to March 14, 2006. K served as the president of the Plaintiff from March 1, 2006 to March 14, 2009.

(hereinafter referred to as the “Defendant, etc.” in combination with Defendant L and K. B.

1) On March 1, 2006, the Plaintiff held an ordinary general meeting on March 1, 2007, and made a resolution to delegate all the powers related thereto to the president (J at the time of filing a lawsuit, etc.) who is the representative, when it is necessary to bring an action, etc. to transfer the ownership registration of the said land in the name of the Plaintiff. 2) On March 1, 2007, the Plaintiff made a resolution to appoint K as the president, and to pay 15% of the winning amount to the attorney and 15% of the litigation costs, etc. in the case of winning a lawsuit on the land of a clan. 2) The Plaintiff held an ordinary general meeting on March 1, 2007.

3) On March 14, 2009, the Plaintiff held an extraordinary general meeting and appointed L as the president, and passed a resolution to delegate all the authority over a clan land lawsuit to the president. 4) On March 26, 2007, the Plaintiff appointed an attorney M as a legal representative and filed a lawsuit claiming the registration of ownership transfer on the 13 parcel of land, including 110,380 square meters of the land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the cancellation of title trust (hereinafter “instant restitution parcel”).

On this issue, the first instance court has the power of representation of the plaintiff's lawsuit.