소유권이전등기
1. Of the judgment of the court of first instance, the part regarding Defendant C’s clan is modified as follows.
Defendant C’s clans Association.
1. The reasoning of the judgment of the court of first instance citing this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, since the court of first instance excluding any dismissal or addition as follows.
【The part of the clan which is added to the 10th 6th 6th 6th son of the defendant clans, the above clans general meeting of December 22, 2007 (hereinafter “the clans general meeting of this case”) did not lawfully convene due notification to the members of the clans who can be notified, or did not give notice stating the purpose of the meeting, because the person who was not duly authorized fails to participate in the resolution and fails to meet the quorum, and thus, the defendant clans general meeting of December 22, 2007.
Even though it is not bound by the facts recognized in the judgment of other civil cases, etc., the facts which have been established in the relevant civil cases shall be significant evidence unless there are special circumstances. Therefore, it shall not be rejected without reasonable reasons.
(See Supreme Court Decision 2005Da56315 Decided May 11, 2007, etc.). On the other hand, a clan general meeting provides each person with an opportunity to participate in meetings, discussions, and resolutions by individually notifying all the members of a clan who are clearly residing in the Republic of Korea after determining the scope of the members of the clan subject to notification of convening a notification, unless there are special circumstances, and by individually notifying all the members of the clan who have not received a notification of convening a notification, and the resolution of a clan general meeting held without lack of a notification of convening a clan is invalid, but the method of convening a notification shall not be necessarily required in writing directly, but shall be done orally or by telephone, and shall be only done by another clan member or by telephone (see, e.g., Supreme Court Decision 2007Da34982, Sept. 6, 2007).