약정금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserted that on June 8, 2002, the plaintiff lent interest of KRW 27 million to the defendant who is a clan of the same clan until June 30, 2003. The defendant, who was unable to repay the loan from time to time on March 12, 2008, agreed to transfer the ownership of the land owned by the defendant, in lieu of paying the loan from time to time on March 12, 2008, the plaintiff held a title trust of 1/2 shares with the defendant and other family members D in the registration of ownership transfer of the above land, but the defendant, without the plaintiff's permission on April 22, 201, sold the whole land at will to the Korea Rural Community Corporation on October 12, 201, and the defendant, who was entitled to enforce liability from the plaintiff, did not pay the purchase price of the above land to the plaintiff on February 15, 2014, but did not pay the above KRW 300,301.
2. Determination on the defense prior to the merits
A. Prior to the merits, the Defendant asserts that the instant lawsuit is unlawful, since the Plaintiff’s resolution on June 4, 2016, which was adopted to bring the instant lawsuit, was adopted to nullify only some of the clan members by giving a notice of convening a meeting.
B. In holding the judgment general meeting, each of the members of the clan shall be given an opportunity to participate in meetings, discussions, and resolutions by individually giving each person an opportunity to participate in convening a convocation notice individually to all the members of the clan who are clearly residing in the Republic of Korea after determining the scope of the members of the clan subject to notification for convening the meeting, unless there are special circumstances. Therefore, a resolution at the clan general meeting held without convening a convocation notice for some members
(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). With respect to the instant case, the health team, the Plaintiff held an extraordinary general meeting on June 4, 2016, and resolved on the instant lawsuit.