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(영문) 서울고등법원 2014.10.30 2014나2014335
배당이의
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The summary of the case is the case where the plaintiffs filed an objection against the total amount of dividends by attending the meeting on the date of distribution by being elected by the temporary representative and general secretary at the general meeting of a clan and being entrusted with the duties of receiving real estate proceeds and recovering the property of a clan and raising an objection against the defendant's dividends without the resolution of the general meeting of the above clans, although the plaintiffs did not have a claim against the co-defendant D of the first instance court, they completed the registration of establishment of a mortgage on the auction real estate owned by the above clans without the resolution of the general meeting of the above clans. The representative G of the above clans does not have the authority

The first instance court rejected the plaintiffs' lawsuit on the grounds that the plaintiffs are not interested parties in the auction procedure, and filed an appeal against the plaintiffs.

2. The reasoning of the judgment of the court of first instance concerning this case is as follows: (a) evidence submitted by the plaintiffs to this court, which is insufficient to recognize that the plaintiffs are interested parties in the auction procedure; and (b) the reasoning of the judgment of the court of first instance is the same, except for rejection of evidence No. 10 or 18, which is insufficient to recognize that the plaintiffs

3. In conclusion, the plaintiffs' appeal is dismissed as it is without merit.

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