logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.24 2017가합1773
소유권이전등기말소등기 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against G who is represented by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan of H 25 years old-old I, which is composed of descendants, and the next son is J, K, L and M.

B. N as HH 39 years of age, was the Plaintiff’s son’s son’s and similar. On April 17, 2015, N died.

Defendant B is N’s spouse, and O is N’s son and the Plaintiff’s son.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 5, the purport of the whole pleadings

2. Defendant B, D, and F, as to the legitimacy of the instant lawsuit, are not the legitimate representative of the Plaintiff, and the instant lawsuit is unlawful.

Therefore, we examine whether G ex officio is a legitimate representative of the plaintiff with respect to the aforementioned defendants' defenses before the merits and the remaining defendants, and examine ex officio whether the resolution of the plaintiff's clan general meeting for the filing of the lawsuit in this case was made lawfully.

A. The following facts are acknowledged according to the respective entries and arguments in Gap evidence Nos. 1, 8, 16, and Eul evidence Nos. 23 (including those with serial numbers) and the purport of the whole pleadings.

1) On November 26, 2015, after N deceased on November 26, 2015, the Plaintiff’s closing members gathered and participated in Maph P, Q, KmR, Lfrequency S, and JPO at the seat of the Plaintiff’s senior members in the Jeju Island. Some of the above senior members decided to organize an emergency countermeasure committee at that seat, and elected G as the chairperson of the emergency countermeasure committee and elected one (J T, KMR, LP, LP, and MP P) from each branch of the emergency countermeasure committee as members of the emergency countermeasure committee on December 22, 2015. G and the above emergency countermeasure committee announced that the emergency countermeasure committee (the chairperson, G, members, TR, P, P), and NAV in the name of the chairman of the U website and H-related Internet car page on December 22, 2015.

However, since V andO do not express or consent to hold an emergency response committee and an extraordinary general meeting, they do not change their names.

arrow