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1. Defendant B: (a) on August 6, 2013, with respect to each real estate listed in the separate sheet to the Plaintiff, Cheongju District Court.
Reasons
1. Basic facts
A. The plaintiff is a clan consisting of descendants of D, and defendant B was the chairperson of the plaintiff and defendant C was the vice-chairperson of the plaintiff.
B. On September 1, 2012, 310,245,000 won and KRW 116,025,000 on January 25, 2013, which were owned by the Plaintiff, paid to the Plaintiff with the said compensation (hereinafter “instant compensation”). Defendant B, the Chairperson of the Plaintiff at the time, was paid the said money in his/her own name.
C. On August 6, 2013, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) from Cheongju District Court No. 37773 to 3773 on August 5, 2013.
Around 11:00 on March 8, 2014, the Plaintiff held a clan general meeting (hereinafter “the first general meeting of this case”) at the meeting room of “H cafeteria” located in Chungcheongnam-si, Chungcheongnam-si, and the said general meeting took place a resolution of appointment of I as the chairperson of the Plaintiff, J as the vice president of the Plaintiff, J as the Plaintiff’s auditor, K as the Plaintiff’s auditor, and L as the president, instead of executives including the Defendants whose three-year term of office has expired at the above general meeting (hereinafter “the first resolution of this case”).
E. On March 16, 2015, M, the colon of the Plaintiff, notified 110 members of the Plaintiff’s clan, who could be notified, of “a special meeting to make a resolution on ratification of the First Resolution and other matters necessary for the operation of the clan on March 28, 2015” by text messages and mail, and issued an announcement to hold an extraordinary general meeting to the same effect as that of the instant four days, including the O Shipbuilding.
F. On March 28, 2015, the Plaintiff’s 11:00 held on March 28, 201 and below the Plaintiff’s 2nd general meeting is called the Plaintiff’s 2nd general meeting.
In this case, 62 of the plaintiff's members are present at the first resolution of this case.