(영문) 수원지방법원 2015.11.17 2015가합61715

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.11.17 2015가합61715

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff's clan 1) The plaintiff's clan shall purchase the forest land for the plaintiff's clan on June 11, 2003 (hereinafter "the non-party clan").

(2) On July 12, 2003, after purchasing 116,827 square meters of the WW forest with the wife population from Defendant B, who is the representative of the non-party clan, the non-party clan, and completing the registration of transfer of ownership on the said forest land on July 12, 2003 (hereinafter the above sales contract is referred to as “instant sales contract”).

(2) On January 28, 2005, the said forest was divided into 115,827 square meters of W forest and field (hereinafter “instant forest and field”) and X forest and field forest and 990 square meters, without distinguishing the said forest and field from the forest and field before the division.

B. The defendant F, who is the representative of the non-party clan 1) after the procedure for the registration of cancellation of the ownership of the non-party clan, refers the plaintiff to the non-party clan and the defendant as the Suwon District Court 2009Da12800, which is the non-party clan, and the contract of this case was null and void since the contract of this case was made by the non-party clan with a valid resolution of the non-party clan and was made by a non-party clan, and thus, the plaintiff's claim for the cancellation of the registration of the transfer of ownership for the forest of this case was filed on October 21, 2010. 2) The above court dismissed the decision that "the non-party clan that elected the F as the representative of the non-party clan on April 12, 2009" on October 21, 2010 that the resolution of the general meeting of the non-party clan on April 12, 2009 without selecting the representative of the non-party clan merely by asking the will of the members."

3. Accordingly, the Seoul High Court appealed as Seoul High Court No. 2010Na107813. The appellate court's judgment on May 19, 201 is legitimate that the F, a legitimate representative authority, was brought on behalf of the non-party clan on January 9, 201 through the resolution of ratification of the General Assembly of Representatives of the non-party clans on January 9, 201, and that the F, a legitimate representative authority, was brought on

유사 판례

-청주지방법원 2011.06.03 2010고단2370

-수원지방법원 2013.02.21 2012고합342

-의정부지방법원 2011.07.12 2009재가단66

-서울서부지방법원 2016.02.02 2014가단245844