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(영문) 창원지방법원 밀양지원 2018.12.05 2017가단11751
소유권이전등기
Text

1. The lawsuit of an independent party intervenor shall be dismissed;

2.(a)

Defendant Republic of Korea shall each have the forest land listed in Appendix 1 as Defendant B.

Reasons

Lawsuits filed by the main office and the independent party interventions shall be deemed together.

1. Basic facts

A. On September 16, 1912, the land cadastre of each forest of this case stated that Defendant B received the assessment of each forest of this case, and the address of Defendant B is indicated as E.

B. As to each forest of this case, the Real Estate Registration Board was not prepared.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the lawsuit by an independent party;

A. The Plaintiff’s main defense D is unlawful as the Intervenor’s lawsuit has no right to represent the Intervenor.

B. Unless there are special circumstances, the decision-making general meeting of the clan provides each person with an opportunity to participate in the meeting, discussion, and resolution by giving each person an opportunity to participate in the meeting, and it shall not be valid for a resolution of the clan general meeting held without a notification for convening a notification, by setting forth the scope of the members of the clan who are subject to notification for convening the meeting, and residing in Korea clearly because their whereabouts are unknown.

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). A clan must make efforts to determine its members and grasp their whereabouts to a considerable extent to the efforts that were made at the time of the publication of the Sejong. If a clan does not follow the procedure of convening a general meeting, if it does not go through such a procedure, the resolution at the general meeting shall be deemed null and void.

(See Supreme Court Decision 200Da17582 delivered on July 6, 200, etc.). However, comprehensively taking account of the written evidence Nos. 4 and 5 of Byung, witness F’s testimony and the purport of the whole pleadings, Article 4 of the Intervenor’s Code provides for the self-loss of Article 4 as a closing commissioner, Article 6(4) provides that October 1 of the sound record as of the ordinary general meeting of shareholders every year, and Article 11(2) and (3) provides that the extraordinary general meeting shall be convened by the chairman, if necessary, and the closing commissioner shall be appointed by the chairman.

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