종중총회결의무효확인
1. Each clan general meeting for the real estate stated in the separate sheet prepared by the Defendant on January 13, 2008 and April 27, 2013.
1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 1 through 6 (including paper numbers), Eul evidence 1 (including paper numbers), and the purport of the whole pleadings);
A. The defendant is a clan consisting of descendants of G, and the plaintiffs are clan members.
B. On January 13, 2008, the Defendant held a clan general meeting and resolved to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant.
C. Since August 13, 2013, the Defendant completed the registration of ownership transfer to H on the ground of sale as of June 17, 2013 with respect to the real estate listed in paragraph (1) of the Attached List No. 1, the registration of ownership transfer to H on the ground of sale as of March 3, 2014, the registration of ownership transfer to I on the ground of sale as of February 15, 2014, and the registration of real estate listed in paragraph (3) of the Attached List No. 3 as of May 4, 2016, to J on the ground of sale as of March 7, 2016.
Upon filing an application for each of the above registrations, the Defendant attached the general meeting minutes of April 27, 2013, and the above minutes contain the purport that the Defendant made a resolution to sell each of the instant real estate.
2. The defendant's decision as to the defense before the merits of this case argues that it is unlawful to claim confirmation of invalidation because only the resolution was made in the form only on April 27, 2013, and since there was no actual meeting. However, even if the actual general meeting was not held, the defendant applied for registration along with the minutes on the premise that there was the above resolution and completed the registration of each real estate of this case. According to the defendant's argument, even though the absence or invalidity of the above resolution is obvious, it is obvious that the defendant disputes the validity of the above resolution, it is reasonable to deem that the plaintiffs have the interest to claim confirmation of invalidation with the members of the defendant's clan. Thus, the defendant's defense
3. Judgment on the merits
(a) Determination of the cause of the claim (1) When a clan holds a general meeting.