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(영문) 대전지방법원 2016.01.20 2015가합101799

총회결의무효확인청구 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. K died on October 19, 1981, and as its heir, there is Plaintiff C, D, E, F, G, and H (hereinafter “Plaintiff’s heir”). The heir is Plaintiff C, D, E, F, G, and H (hereinafter “Plaintiffs”).

B. The plaintiff A is entitled to the following [Attachment] A from L.

As described in paragraph (1), on November 22, 2003, the real estate listed in paragraph (1) of the attached Table No. 1 shall be referred to as "one real estate".

Of the proceeds of sale, 3,350,000 won, and on March 25, 2013, 2 through 5 real estate listed in [Attachment List Nos. 2 through 5], 3,350,000 won, and 3,3,000 won, 2 through 5, 2,000 won.

(C) Plaintiff B received KRW 7,500,000 from L, respectively. The following [b] is set forth below.

As described in paragraph (1), 3,350,000 of the proceeds from the sale of real estate on November 24, 2003, and 7,500,000 of the proceeds from the sale of real estate on March 25, 2013, respectively, was paid.

Object of sale

A. Plaintiff A (payment Date)

B. The Plaintiff B (Payment Date)’s real estate KRW 3,350,000 ( November 22, 2003) 2 through 5 real estate KRW 7,50,500,000 ( November 24, 2003) for KRW 10,850,850,850,000 ( March 25, 2013) for the aggregate of KRW 7,50,50,000 ( March 25, 2013) for KRW 10,850,850,00 (the details of the sales price received by Plaintiff A and B) for the Plaintiff’s real estate 1’s real estate 3,350,00 (the payment date) (the payment date) 3,350,000) for the Plaintiff’s real estate 3,350,000 (the grounds for recognition

2. Main claim;

A. Defendant I’s assertion 1) Defendant I’s clan (hereinafter “Defendant I’s clan”).

(2) On November 2003, the defendant clan decided to distribute KRW 3,350,00 to the plaintiff's heir each of the KRW 7,50,000 out of the proceeds from the sale of the first real estate and KRW 3,50,000 to the plaintiff's heir as the non-legal entity of the unique meaning of clans or similar clans, and the defendant J is the representative of the defendant clans, and the plaintiff Gap and the already deceased K are the members of the defendant clans. 2) The defendant clan decided to distribute the amount of KRW 3,350,000 among the proceeds from the sale of the second or fifth real estate on March 25, 2013 to the plaintiff's heir.

(2) each such resolution.