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(영문) 광주지방법원 순천지원 2018.11.01 2017가단12299
매매대금반환
Text

1. The plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' arguments that the plaintiff A clan (hereinafter "the plaintiff clan") is a clan consisting of the descendants of the deceased D, and the plaintiff B's organization (hereinafter "the plaintiff Eul's organization") is an organization consisting of the members of the plaintiff clan who belong to the Ethm of the plaintiff clan and carries out the management of the plaintiff's property owned by the plaintiff clan.

Plaintiff

The F, a member of the organization B, sold the Plaintiff’s clan without permission, and thereafter returned KRW 40 million out of the purchase price of the above land. The Defendant contacted the Defendant of the Plaintiff’s clan, who was affiliated with the Defendant, by informing the Plaintiff’s account number among G clans that are not the Plaintiffs, provided that the Plaintiffs did not receive the said money.

As above, the defendant has obstructed the collection by the plaintiffs of the purchase price of KRW 40 million, and thus, the above money and damages for delay shall be compensated to the plaintiff.

2. The defendant's defense of this case is unlawful, since the plaintiffs filed the lawsuit of this case without legitimate general meeting resolution.

The preservation of collective ownership requires a resolution of a general meeting of members pursuant to Article 276 (1) of the Civil Act, barring any special circumstance. Thus, in cases where a clan which is an unincorporated association files a lawsuit as preservation of its collective ownership property, it shall undergo a resolution of a general meeting of members of

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010, etc.) According to each of the evidence Nos. 14-1, 2, and 15, it is recognized that the minutes of the general meeting that the Plaintiff’s clan resolved on January 10, 2017 to file the instant lawsuit were prepared.

However, the above evidence and evidence No. 4-2 added to the whole purport of the pleadings. ① The plaintiff clan failed to submit a list of the members of the clan confirmed by the clan as of the time of the institution of the lawsuit in this case, and ② therefore, the subject of the claim that notified the convocation of the general assembly.

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