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(영문) 대구고등법원 2015.01.13 2013나4020

종중총회결의무효확인등

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1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. Regarding the present status of the instant clan, N was 11 years of age as L 11, and the descendants were comprised of L 15 years of age X descendants, L 16 years of age V (U) descendants, and subsequent descendants of L 16 years of age 16 years of age (U’s south), and N did not have any other descendants.

A clan related to N and its descendants is comprised of ① a clan that has the N himself as a joint group (hereinafter referred to as the “NA”), ② a Z clan that has X as a joint group (hereinafter referred to as the “Z clan”), ③ a clan that has V as a joint group group (hereinafter referred to as the “Defendant clan”), ④ AC group that is a joint group of W (hereinafter referred to as the “AC group”).

B. With respect to the current state of heavy-type property, H 263,108 square meters of forests and fields H 263,108 square meters prior to the division (hereinafter “263,108 square meters of forests and fields prior to the division”) were circumstances in the name of AD on April 15, 1918. On November 29, 1923, AE, AF, AG, AH, AJ, AD, AK, AL, AL, AM, AO, AP (hereinafter “AE”), 13 persons, including AE, were registered in the forest register. However, 3 descendants among 13 persons, including AE, were divided into 13,00, and 9,000 descendants were the remainder of X 1, 300 square meters of forests and fields, and 13,000 square meters of forests and fields were divided into 14,000 square meters of forests and fields (hereinafter “13 persons, etc.”).

3) On November 21, 1964, in accordance with the relevant provisions of the Act on Special Measures for the Registration, etc. of Real Estate Ownership, with respect to forest land No. 1, registration of ownership was completed in the name of the title holder of the registration of ownership transfer under the title of AE, AR, AG, AG,S, AI, AT, AU, AD, AV, AX, AY, AY, and AZ (hereinafter “13 title holder”).

However, 3 of 13 of the nominal holders of registration of ownership preservation is descendants of V, 9 of W, and 1 of the remainder is descendants of X, and 3 of V and 9 of W.