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(영문) 대전지방법원 2019.12.19 2018나118648

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

The reasoning of the judgment of this court quoted in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following contents to the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence

Amended by the first instance judgment

3.2

3) The following contents are added to the Defendants: (4) The Defendants asserted that “The above general meeting of each clan was convened by P, and there is no other evidence to see that P is the Plaintiff’s representative, and the resolution of each general meeting of the above clan is null and void.” However, the following circumstances which can be acknowledged by comprehensively considering the overall purport of arguments as a result of the examination of the first instance co-defendant C of the first instance court, namely, ① the co-defendant B and C do not dispute the fact that P is the Plaintiff’s representative; and (2) the fact that each clan general meeting of the above clan held by the notice of convening the P and convening the call-up notice that it is decided to continue to establish the right of representation of P by the Plaintiff’s general meeting of the above clan, barring special circumstances, such as there is another clan member raising an objection against the Plaintiff’s representative. Even if it is strictly determined that P did not have sufficient evidence about the Plaintiff’s representative, the Defendant’s convening-up of the general meeting of clan 205 cannot be viewed as the Plaintiff’s representative.