구분지상권설정등기 말소청구의 소
1. The plaintiff's appeal is dismissed.
2. The part of the instant lawsuit, which was added in the trial, shall be dismissed.
3...
1. The reasoning of the judgment of this court citing the judgment of the court of first instance shall be added to the 13th sentence following the 5th sentence of the judgment of the court of first instance, and the 5th to 14th sentence 6th sentence shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act except for the case where the 5th to 6th sentence is
2. In addition, “and the Plaintiff seek for payment of the amount of money calculated by the ratio of KRW 2,760,995, equivalent to the occupancy charges from November 22, 201 to November 21, 201, and from November 22, 2019 to November 21, 201, to KRW 296,411, equal to the occupancy charges each year from November 22, 201 to the completion of the removal of the transmission line.”
3. Unless there are special circumstances, the provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, a resolution of a general meeting of members shall be passed pursuant to Article 276 (1) of the Civil Act. Thus, a resolution of the general meeting of a clan shall be passed unless there are special circumstances, such as where a clan which is not a juristic person provides otherwise for the rules of a lawsuit as an act of preserving collective property (see, e.g., Supreme Court Decisions 2007Da17062, Dec. 27, 2007; 2009Da83650, Feb. 11, 2010; 94Da28437, Oct. 25, 1994; 200Da28437, Oct. 25, 209).