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(영문) 의정부지방법원 2015.08.18 2014나13366
소유권말소등기
Text

1. All appeals by the Defendant (Plaintiffs) are dismissed;

2. The costs of appeal shall be borne by the defendant (Plaintiff).

Reasons

1. The reasoning for the court's explanation of this case is to revise the "70 clan members" of No. 6-7 of the first instance court's judgment to "a written resolution is submitted to 70 paper stating the intention to approve the above agenda," and Article 2. (c) of the grounds for the same decision.

3) The part of paragraph (1) is again explained as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition to the corresponding part of the judgment as to the new argument made by the defendant in the trial, and this is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, which is the same as that of the judgment of the court of first instance. In light of the legal principles as seen earlier, it is examined whether the resolution at the general meeting of the court of first instance as of September 8, 2013 and the ordinary meeting of the general meeting

First, the effect of the resolution on the special general meeting of September 8, 2013 is examined, G, the defendant's clan members of the same clan around August 28, 2013, notified the convening of the special general meeting and announced the convening of the special general meeting in U daily newspapers on September 8, 2013, and held the defendant's special general meeting on September 8, 2013. The fact that the 70 written resolution of the 38 clan members present at the above general meeting approved the above agenda and expressed their consent to the said agenda was submitted to the above general meeting is as seen above. The fact that the whole clan members of the defendant submitted the above special meeting is 200 members, but there is no dispute among the parties, and as the written resolution submitted at the above special general meeting is prepared and submitted based on the true will of the title holder, it is insufficient to recognize that the above written resolution is prepared and submitted according to the genuine intention of the title holder, and there is no evidence to recognize that the written resolution of the 35-3 through the above general meeting is prepared and submitted.

Therefore, the number of clan members present at the above special general meeting is 38.

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