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(영문) 대전지방법원 2017.08.24 2016나105822

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

I such as the organization of defendant B's organization, etc. is a non-corporate association that established and managed the self-governing rules after purchasing a place where the principal and descendants will be buried later, around 1968, at around 1968, members belonging to the I Senior Citizens' Association established in Yongsan-gu Seoul Metropolitan Council for the Elderly under the O's Branch of the Korean Senior Citizens' Association established in Yongsan-gu, Seoul.

On May 27, 1975, 38 members of the I Senior Citizens Association, J et al. purchased 20,249 square meters of G G forest land (hereinafter “instant land”) in order to create a private common cemetery in which their descendants and descendants will be buried later, and completed the registration of ownership transfer with J, K, L, and M’s co-ownership as members of the I Senior Citizens Association on May 27, 1975, and managed the instant land after obtaining permission for graveyard creation on that ground.

Defendant B’s organization is a non-corporate association established to maintain and manage graves, buildings attached thereto, and other facilities located on the land of this case and promote friendship among its members by taking members of the IMO including the J around 1989 as its members and their families.

As above, the instant land has been managed in a state where the registration of ownership transfer was completed with J, K, L, and M’s joint oil, and thereafter, the registration of ownership transfer was completed on November 14, 201 as J, K, L, and K died on April 19, 1985, L on July 16, 1992, and K on September 15, 1994, and the Defendant’s organization managed the graves created on the instant land in a state where M was owned solely by M.

On the other hand, on February 7, 2011, the conclusion of the sales contract with the U.S. S. S. corporation, the Defendant B organization held an annual meeting in 201 to sell the instant land with the consent of 29 members among 38 members, and passed a resolution to entrust all the powers related to the sale of the instant land to the board of directors, such as the conclusion of the sales contract.

(hereinafter “instant general assembly resolution”). According to the instant general assembly resolution, C and Defendant D, E and P, Q, R and S were the chairpersons and directors of Defendant B’s organizations, and Uscar Co., Ltd. around April 2012.