(영문) 서울남부지방법원 2007.05.03 2006가합4015

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(영문) 서울남부지방법원 2007.05.03 2006가합4015

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant clan, as the 19th member of C C's c's 19th member, was a common ancestor, consisting of three branch members of Gmp, Hmp and Imp in accordance with the residential area. On June 14, 1980, the defendant clan held a general meeting in which the three branch members participated, set the name of the clan, set the rules, and set the rules, while the non-party Justice who is Imp as the president was elected, the defendant clan was first elected as the clan's 19th member, but was disposed of arbitrarily after the trust to the members of the clan.

B. Accordingly, among the defendants, the defendant filed a lawsuit to recover five parcels of land including the land indicated in paragraph (12) of the attached Table and the land indicated in paragraph (12) of the attached Table of Guro-gu Seoul KK Forest Land (hereinafter “the land before the division of this case”). For this purpose, as of September 15, 1980, the defendant clan was decided to appoint the plaintiff as a special representative of the defendant clan as of September 15, 1980 in conducting the procedural acts where the defendant clan would recover the land before the division of this case as of September 15, 1980, and the plaintiff (the plaintiff belongs to the Im of the defendant clan) made efforts to recover the property of the defendant clan by appointing a legal representative at his own expense in the lawsuit against the title trustee of the above land, etc., or conducting direct procedural acts as the special representative of the defendant clan.

C. On April 7, 1985, the defendant clan held an extraordinary general meeting and delegated the board of directors with respect to the specific measures to compensate the plaintiff for the above property contribution and effort. Accordingly, the defendant clan meeting opened on July 26, 1986 decided to transfer 3/10 of the property restored in the name of the defendant clan to the plaintiff with compensation.

After that, among the defendant, the defendant is against the title trustee.

유사 판례

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