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(영문) 대전지방법원 천안지원 2018.12.12 2018가단101198
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The plaintiff's argument that the plaintiff's clan is the joint ancestor of D. 17 years old, and the clan of which F is the middle group of F.

On March 31, 2017, I, the president of HJ, the clan of which is a joint clan of 16 years old clan G, was to receive 36,58,250 won for the expropriation of the land located in the J of the plaintiff clan and keep it to the defendant.

The defendant is keeping 52,723,860 won in cash owned by the plaintiff clan, including the above compensation for confinement.

Therefore, the defendant is obligated to return 52,723,860 won in cash owned by the plaintiff's clan, which is kept by the defendant of the defendant.

2. Determination on this safety defense

A. The defendant's assertion is unlawful in the lawsuit of this case filed by C without the power of representation, because it is not the representative of the plaintiff clan C.

B. Determination 1) The appointment of a clan representative shall be in accordance with the rules and practices of the clan, and if not, it is common practice that the head of the clan or the head of the door calls for an extraordinary meeting of the majority among the members of the clan and selects it by a resolution of the majority. If the head of the clan or the head of the door is not appointed in the clan, he/she shall call a clan with the head of the clan. Therefore, if the head of the clan or the head of the door is not appointed in the clan, among the members of the clan, he/she shall call a clan with the head of the clan. Thus, the resolution of the clan convened by a non-exclusive person without authority to call a clan shall not be effective (see, e.g., Supreme Court Decision 92Da48789, 48796, Mar. 12, 1993). 2) According to the statement in the evidence No. 13, C, as the representative of the Plaintiff clan on May 30, 2018, appointed the representative of the clan

However, in light of the statements in Eul's Nos. 18 through 24 (including the number of branch numbers), the general meeting for the appointment of the representative of the plaintiff's clan on May 30, 2018, even if all the evidence submitted by the plaintiff's clan were taken into account.

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