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(영문) 대전지방법원공주지원 2019.04.24 2018가합20053

종회원자격정지결의무효확인청구

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1. On March 1, 2015, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) for a period of 20 years, with respect to the Plaintiff (Counterclaim Defendant) at the general meeting.

Reasons

1. Basic facts

A. The defendant is a clan consisting of not less than 20 adults aged 20 among the descendants of "E", who are the descendants of "E", who are the descendants of "E", and the plaintiff is a member of the defendant's clan.

B. A dispute between the Plaintiff and the Defendant is one between the Plaintiff and F, which is the Plaintiff’s 40 years ago, and the Defendant is 263,119 square meters of Ginju-si (hereinafter “G land”).

(A) 7,019 square meters prior to H (hereinafter “H land”)

(2) Around September 28, 1994, the Plaintiff succeeded to the status of the person who was in possession of the land owned by the Defendant and succeeded to the status of the person who was in possession of the grave and was in charge of managing the grave and the grave in each of the above lots of land. Around September 28, 1994, the Defendant newly constructed a house on the H’s land, and entrusted the Plaintiff with the building permit, and the Plaintiff had the Plaintiff reside in the said house. (2) However, the Plaintiff, on G’s land, without permission, was 2 Dong-type and 2 Dong-type building-type and 2 Dong-type building-type buildings [On the other hand, 1 Dong-type of the above sculpture building and 1,23 square meters (hereinafter “instant land”) on G’s land and 1,23 square meters (hereinafter “instant land”).

2) As the building was newly constructed and owned, each of the above buildings occupied the land on which the building was located as the site. A large number of trees were planted on G land and H land. A large number of trees were newly constructed and owned on H land, and the land on which the warehouse is located was occupied as the site.

In addition, the Plaintiff leased H land to J without permission, and the J installed one plastic house and three container stuffs on the ground of H land and used by J.

3. On July 12, 2010, the Defendant sought against the Plaintiff, etc. the implementation of the registration procedure for transfer of ownership on the ground of the cancellation of title trust on the G’s land and the H’s ground storage in Daejeon District Court (Seoul District Court Decision 2010Da2571).