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(영문) 대법원 2014.05.16 2012다82602

소유권이전등기말소

Text

The judgment below

The part of the case against Defendant N,O, and P is reversed, and this part of the case is to be brought to the collegiate division of the Jeonju District Court.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal against Defendant I, J, L, M, and Man-Gyeong Saemaeul Credit Cooperatives

A. As to the grounds of appeal on the defect in the convening procedure at the ordinary meeting of May 27, 2005 and July 20, 2005, the lower court (1) held the extraordinary general meeting: ① The Plaintiff clan has held a notice of convening the general meeting when there is an agenda requiring a resolution prior to the convening of the general meeting; ② the Plaintiff clan appears to have held the extraordinary general meeting by convening the general meeting for its members who are able to communicate with them by being recorded in the opening of the general meeting in accordance with the clan regulations instead of the general meeting of its members and the list of its members; ② The clan is virtually difficult to grasp all of its contact points by determining the scope of its members as a group naturally formed by its descendants at the same time as the death of the common vessel; ② the Plaintiff clan appears to have held the extraordinary general meeting of 200 or 5, which appears to be necessary for the convening of the general meeting; and ③ The Plaintiff’s clan shall also be deemed to have held the extraordinary general meeting of 20 or 5, which appears to be necessary for its members to have held the extraordinary general meeting.