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(영문) 인천지방법원 2019.05.28 2017나68984

근저당권말소

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1. The independent party intervenor's appeal is dismissed;

2. The costs of appeal shall be borne by the intervenor of the independent party.

Reasons

1. Quotation of the first instance judgment

A. The grounds for the appeal by the intervenor to the clan are as follows: Article 11(1) of the Articles of the intervenor's clan provides that "The regular general meeting shall be held once a year, but it shall be the date of the trial (the last Sundays of November)"; it is customary to make a resolution with the consent of the majority of the present members, unless otherwise provided for in the general rules or general rules, and it is possible to make a resolution with the consent of 21 members among 22 members present at the general meeting on November 27, 2016, which ratified the institution of the case, is legitimate. Even if the above resolution is not legitimate, the intervenor issued a notice of convening an extraordinary general meeting to 46 members of the clan who can communicate with the plaintiff on April 25, 2018, notified the plaintiff by registered mail, and issued a notice of convening an extraordinary general meeting on three occasions on May 13, 2018, and confirmed the number of members present at the meeting, and thus, the resolution was lawful and ratified by all the clans present.

B. The argument by the intervenor of this case is that it has reached the lawsuit of this case through legitimate resolution of the clan, and it is not significantly different from the argument in the first instance court, and even if each evidence submitted to the first instance court was presented to this court, the fact-finding and judgment by the first instance court is recognized as legitimate.

C. Therefore, the reasoning of the judgment of the court of first instance is as follows: (a) the invalidity of the instant right to collateral security (the instant right to collateral security) of No. 10 and 11 of the 5th sentence of the judgment of the court of first instance shall be deemed to be null and void; and (b) a clan intervenor emphasizes or added the above-mentioned arguments by this court; and (c) the same applies to the corresponding part of the judgment of the court of first instance, except for adding the following judgments to the argument

2. Additional determination

A. Whether the resolution of the general meeting of the clan dated November 27, 2016 is legitimate, even if the intervenor’s articles of incorporation, “regular general meeting shall be held once a year, but November of the date.”