beta
(영문) 서울중앙지방법원 2017.09.19 2016나81033

소유권이전등기말소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against H (Y) who is represented by the Plaintiff’s representative.

Reasons

1. The court's explanation of this case is the same as the grounds for the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Plaintiff's own meaning is a clan, and the members cannot grasp all the addresses of the members indicated in the Sejong newsletter, and considering the occurrence of new clans each year, Article 5 of the Code provides that "the members shall be the men and women of age registered in the membership roll" shall only be allowed to exercise their rights and duties in the capacity of members when members attend a general meeting. However, if the plaintiff's own meaning of clans, the rules that limit the membership of the members shall be null and void in violation of the essence of the clans (see, e.g., Supreme Court Decision 95Da34842, Feb. 13, 1996). Ultimately, the fact-finding and judgment of the first instance court shall be deemed legitimate even if considering the circumstances asserted by the plaintiff.]

2. Thus, the plaintiff's appeal is dismissed as it is without merit.