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(영문) 대구지방법원 2018.06.21 2017나315541

기타(금전)

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the net G (Death December 13, 2016) of the deceased E (F) who was the members of the Defendant clan, and the Defendant clan is a clan that is organized in order for people who reside in the members of the Cheongju-si household to operate the number of graves and the number of graves.

B. 1) The Defendant clan: (a) the 3,734 square meters of land I in Seo-gu, Seo-gu, Seo-gu and the 2nd floor above ground; (b) J 237 square meters; and (c) the 147 square meters of land before K (hereinafter “instant real estate”).

L Co., Ltd. (hereinafter “L”)

(2) On August 29, 2015, the Defendant clan held a special meeting of the clan on 13:00 (hereinafter “the first special meeting”) and sold the instant real estate, and made a resolution with the consent of the majority of the members participating in the meeting, including M, N, E, etc. to distribute the proceeds of the sale thereof to the majority of the members of the clan, and to allocate the proceeds of the sale thereof to the majority of the members of the clan in heavy proportion, and as an incidental agenda, “if there is no agreement on the issue of trade, dissolution, or distribution, it shall be subject to the resolution of the board of directors and all of the powers incidental thereto, and if determined by the agreement of the members of the clan, it shall be subject to the resolution without objection.”

3) Since August 16, 2016, the Defendant clans shall conduct the special general meeting of the clan 14:00 on August 16, 2016 (hereinafter “the second special meeting”).

(1) The decision to sell the instant real estate shall be made and approved (including the purchase price) shall be made in proportion to the number of members aged 19 or older, in accordance with the resolution of the board of directors entrusted by the clan members, and shall be distributed according to the ratio of the number of members aged 19 or older, in accordance with the resolution of the board of directors agreement delegated by the clan.

(3) The distribution of a clan property may be permitted to be reasonably differentiated due to its unique characteristics, and shall be kept in custody of, and distributed from, M, N, and E's descendants in a reasonable manner.