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(영문) 의정부지방법원 2016.06.28 2015가합2130

임시총회결의등 무효확인

Text

1. The Defendant’s resolution on the special general meeting of May 15, 2010 and the resolution of the board of directors of February 23, 2013 confirm that all of the resolutions are null and void.

2.

Reasons

1. Facts of recognition;

A. The defendant is a clan that is the 16th anniversary of D's 16 years of age group E, and the plaintiff A is the 8th hand of E and the plaintiff B is the 10th hand group members of the defendant's clan.

B. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was registered in the name of G, H, I, and J (hereinafter “G, etc.”) around July 1970. The Defendant filed a lawsuit against G, etc. claiming registration of ownership transfer due to the termination of title trust as Seoul Western District Court Decision 2006Gahap8962, asserting that each of the instant lands was owned by the Defendant, and that each of the instant lands was owned by the Defendant, and that it was registered in title trust with G, etc., and the Defendant filed a lawsuit against G, etc. for the registration of ownership transfer due to

During the proceeding of the above lawsuit, I and J consented to permanent preservation, management, and operation for each of their own shares of 1/4, and acknowledged the defendant's claim. Accordingly, on February 12, 2007, the registration of ownership transfer in the name of the defendant was completed with respect to each of 1/4 shares of I and J among each of the lands listed in the attached list 1 through 4.

(Attachment List 5 and 6 are not allowed to transfer ownership in the name of a clan as farmland, and the registration of transfer under the name of I and J is maintained). Meanwhile, the lawsuit against G and H was handed down on May 16, 2007, and the defendant appealed in Seoul High Court 2007Na5401, but the appeal was dismissed on January 24, 2008, and the appeal was dismissed on June 26, 2008, but the appeal was dismissed on June 26, 2008 by Supreme Court Decision 2008Da18314, which became final and conclusive.

C. On May 15, 2010, the Defendant held an extraordinary general meeting of 11:00 and passed a resolution on the amendment of the clan rules, the replacement of executives, the distribution of clan property, etc. while 35 persons present the letter of delegation.

(hereinafter referred to as the “instant special meeting”). The contents of the resolution are as follows: - - In fact, the meaning of this special meeting is a “Cclass (Defendant)” and “D’s 13-year-old grandchildren among K class D’s 13-year-old grandchildren.”