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(영문) 창원지방법원밀양지원 2015.06.17 2014가단2961

소유권이전등기말소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.

Reasons

Plaintiff

We examine whether or not the D has the representative authority to file the lawsuit of this case as the representative of a clan.

In holding a clan or a clan general meeting, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually convening a convocation notice to all adult men and women who can be notified among the descendants of the common ancestor. Barring special circumstances, all the clan members listed in the clan newsletter, and other clan members who are not recorded in the clan shall also include those who are clearly identified in the scope of the clan members subject to the notification of convening the general meeting, and shall individually give notification to the clan members who are able to communicate with the location of the clan members after determining the scope of the clan members subject to the notification of convening the general meeting. If it is impossible to confirm the clan members and grasp the location thereof, the efforts corresponding to those who have been made at the time of the publication of the clan shall be supported by reasonable reasons, and if it is impossible for the clan members to convene the general meeting without going through such procedures, the resolution

(see Supreme Court Decision 2006Da74237, Mar. 29, 2007; Supreme Court Decision 2000Da17582, Jul. 6, 2000). According to the evidence Gap 4 and 5, it is true that D issued a notice of convening a general meeting to 182 members of the clan on Jan. 21, 2015. The plaintiff held a general meeting on Jan. 31, 2015 while the members of the clan attend the general meeting and appointed D as its representative and passed a resolution to confirm the institution of the lawsuit of this case. However, although the plaintiff's clan E was not notified of convening the general meeting as witness, the plaintiff's clan E testified that the plaintiff's members of the clan were several thousand houses, and in light of the above recognition alone, the plaintiff testified that the general meeting would be convened at the time of convening the general meeting.