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(영문) 서울고등법원 2017.05.18 2016나208565
총회의결무효확인
Text

1. The plaintiffs' appeal and the claims extended by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The parties (1) A were the members of the defendant's clan consisting of K's descendants residing in the JJ of the E, who were the descendants of the E, and the plaintiff B is the children of the deceased and also the members of the defendant.

(2) A died on December 22, 2015, when the trial of the first instance was in progress, and the heir was his/her child.

B. In a lawsuit between the Defendant and the deceased A (1) premised on the fact that the Defendant held title trust of 1/4 shares out of 1,99 square meters of G 1,99 square meters (hereinafter “the land before the instant partition”), the Defendant filed a lawsuit against the deceased A on March 10, 2009, claiming for the cancellation registration of registration of ownership transfer with respect to 1/4 shares of the land remaining after the partition into the land before the instant partition (hereinafter “instant land”) and the registration procedure for cancellation of ownership transfer with respect to 1,861 square meters of G 1,861 square meters (hereinafter “the instant land”) out of the land after the division into the land before the instant partition, and the return of unjust enrichment with respect to 138 square meters of L 138 square meters (hereinafter “the instant land”) divided from the land before the instant subdivision, but the Defendant’s judgment was dismissed on the ground that the instant land was not owned by the Defendant’s land before the instant subdivision or the instant damages for delay.

(2) The Defendant appealed against the above judgment (U.S. District Court Decision 201Na6295), and the appellate court rendered a decision that the Defendant’s primary and conjunctive claims are dismissed on September 28, 201, on the following grounds: (a) the implementation of the procedure for the registration of ownership transfer for one-fourth share of the instant land among the instant land No. 1; (b) the payment of compensation for losses for the instant land No. 2,501,250; and (c) the payment of compensation for losses incurred therefrom; and (b) the conjunctive damages for tort (misappropriation); and (c) the Defendant’s primary and conjunctive claims are dismissed.

(3) The defendant is above.

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