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(영문) 수원지방법원 2017.10.11 2016가단512503
제3자이의
Text

1. The Defendants rendered a judgment with executory power over the purchase-price case in Suwon District Court Sung-nam Branch 2014Gahap5834.

Reasons

1. Evidence 【Evidence” 1, A2, A3-1 through 3, A4-1, 2, A5-1 through 4, A6-1 through 8, A9-1, 2, A10, A1-1, 2, A17-1, 2, A17-2, A18-1, 2, A18-2, and A19-1, 2, and the purport of the whole pleadings;

A. 1) The Plaintiff’s clan is a clan that jointly sets up the “J” of 57 years old in Ims. 2) The Plaintiff held an extraordinary general meeting on December 14, 2008 and changed its articles of association to the effect that the Plaintiff is a male with the qualification of a clan member of 20 years old or over, but the clan member is classified as a regular member and an associate member, and that the Plaintiff is required to have the signature of 30 other regular members confirmed in order to become a regular member while granting voting rights, voting rights, and eligibility for election only to the regular members.

(hereinafter referred to as “amended Articles of Incorporation”). (b)

Plaintiff

A clan shall hold a special general meeting on November 29, 2009, which only provides that 56 members of the clan shall have the voting rights of the general meeting among 87 members of the entire clan in accordance with the changed articles of incorporation, and shall hold a special general meeting on November 29, 2009, and shall sell a resolution to sell a forest land of 26,380 square meters (hereinafter referred to as “instant real estate”). On December 31, 2014, a clan decided to sell a forest land of 752 square meters in the division as L, forest land, or forest land of 26 square meters (hereinafter referred to as “instant resolution”).

C. At the time of the resolution of the instant case, N, the president of the Plaintiff clan, concluded a sales contract with the Plaintiff to sell the instant real estate (hereinafter “instant sales contract”) in accordance with the resolution of the instant case. On February 27, 2012, H and 5412/26380 shares of the instant real estate (hereinafter “instant shares”), concluded a sales contract with H to sell the instant shares to H, and completed the registration of transfer of H’s ownership under the name of Suwon District Court Registry No. 44253, Mar. 29, 2012.

1 H is named under the name of Suwon District Court, Suwon District Court, Cheongwon, on April 10, 2012, as the receipt No. 50714, on April 10, 2012, with respect to the shares of 198/26380 out of the instant shares.

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