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(영문) 서울북부지방법원 2016.07.19 2016나57

안동김씨안렴사공파번동종중분배금

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The defendant is the representative of the clan A (hereinafter "the clan of this case"), and the plaintiff is the member of the clan of this case.

B. On May 29, 2005, the instant clan held an extraordinary general meeting and disposed of the property owned by the said clan and decided to distribute part of the proceeds therefrom to its members, and on September 22, 2005, sold the commercial building owned by the said clan (hereinafter “instant commercial building”) in Dobong-gu Seoul Metropolitan Government, and received KRW 920 million from the buyer on December 2005.

C. Since August 2008, the clan of this case paid approximately 160 members a share of 2 million won per head between August 2008 and November 2009.

[Ground of recognition] Unsatisfy, Gap evidence 4, Eul evidence 1 and 6 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Although the plaintiff's assertion that the clan of this case decided to distribute the selling price of the commercial building of this case to its members, the plaintiff et al. did not pay shares, so the defendant, the representative of the clan of this case, is obligated to pay shares to the plaintiff et al.

B. The fact that the clan of this case decided to distribute the sales price of the commercial building of this case to its members is as recognized in Paragraph 1, but the person who bears the obligation to pay the distribution according to the above resolution shall be the clan of this case, which is a non-corporate group, and it shall not be deemed that the representative of the clan of this case has the obligation to pay the distribution to the defendant who is the representative of the

Therefore, the plaintiff's assertion is without merit without further review.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.