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(영문) 대구지방법원 2017.11.10 2017가단118022

기타(금전)

Text

1. The Defendant: (a) KRW 26,534,502; (b) KRW 17,689,667; and (c) KRW 17,68; and (b) KRW 667, respectively, to Plaintiff A on July 14, 2017.

Reasons

1. Facts of recognition;

A. The plaintiffs are the successors of the deceased E(F), who were members of the defendant clan, and the defendant clan is the clans organized by the people living in the members of the Cheongju-si among the descendants of the Haju-si in order to operate the protection and work of graves.

B. (1) The Defendant held a clan special meeting on August 16, 2016 (hereinafter “special meeting of this case”) on the following grounds: (a) the distribution of the instant real estate was generated; (b) the Defendant leased the building of 3,734 square meters of the land I in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and 237 square meters of the land; and (c) the JJ 237 square meters of the land and the 147 square meters of the KM (hereinafter “instant real estate”); and (c) the Defendant held the instant special meeting of 14:00 square meters of the land in Seo-gu, Seo-gu, Seo-gu, and operated

(2) In the instant special general meeting, the following resolutions were adopted with the consent of more than a majority of the participating members, on the agenda of the approval of the resolution of sale and the distribution of the sales amount for the instant real estate.

(i)Resolution to sell and purchase the real property of this case, if it reaches the amount computed from the clan;

[Sales Price 7.5 billion won (including acceptance expenses)] The allocation issue shall be distributed according to the ratio of the number of members aged 19 years or older, according to the resolution of the executive agreement delegated by the clan members.

Article 12(1) of the Constitution of the Republic of Korea provides that a person who shall receive and keep shares from M, N, or E and who shall reasonably distribute the shares of the clan from his/her own descendants shall be appointed from two or more persons.

(including minors at the time of distribution).

After that, the defendant clan held the general meeting on November 6, 2016 (hereinafter referred to as the "general meeting of this case"), and the above general meeting of this case is to distribute M, N, and E (hereinafter referred to as the "members of the clan") to the ratio of the number of members of the clans aged 19 or older among the members of the clans of this case at the time of the general meeting of this case, but the defendant clans shall receive the money distributed among the descendants of each subdivision.