(영문) 청주지방법원 2019.01.10 2018재가합1006

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(영문) 청주지방법원 2019.01.10 2018재가합1006

부당이득반환 등 청구의 소

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1. The lawsuit of this case shall be dismissed.

2. This Court shall suspend compulsory execution of Cheongju District Court 2018 Chicago5040.

Reasons

1. Basic facts

A. The defendant (hereinafter "the defendant clan") is a clan that consists of the N 19-year old descendants as a joint ancestor with N 19-year old descendants.

B. 1) 5,722 square meters of G forest in substantial Gu, Cheongju-si (hereinafter “instant real estate”).

On December 15, 1971, the registration of initial ownership was completed in each name of H, I, J, and K with respect to each of the shares of 1/4 of the defendant clans on January 21, 2008. (2) On January 21, 2008, the name of the representative of the defendant clans E and the registration of entire co-owners' shares was completed on May 15, 1984.

C. 1) On May 9, 2013, the Plaintiffs set the sales price of Defendant clans and the instant real estate as KRW 400 million and set forth the sales price as KRW 400 million (hereinafter “instant sales contract”).

After the conclusion of the Defendant clan, each of the instant real estate paid KRW 80 million to the Defendant clan as the down payment on May 9, 2013, and KRW 320 million as the remainder on May 20, 2013. 2) On June 21, 2013, the transfer registration for each of the instant real estate was completed due to the purchase and sale on May 9, 2013 under each of the Plaintiffs’ respective names.

On June 1, 2013, Defendant clan prepared a written resolution of the following contents (hereinafter referred to as “instant resolution”), and D and E signed and sealed each of the instant resolution.

1. Date: June 1, 2013;

2. Place of meeting: Lane in the Chungcheongbuk-gun; and

3. Number of present persons: The chairperson of the Ten present at an extraordinary general meeting of the defendant clan shall call up and notify the general meeting of the defendant clan that this meeting has been duly constituted by the majority of the members, and shall deliberate on the following agenda items:

(1) The president of the case of land sale shall dispose of the instant real estate owned by the clan and explain the necessity of the funds for the maintenance and management of the clan and for this purpose, and then approve it with the consent of all the members present.

E. The Plaintiffs were to conduct an extraordinary general meeting of June 1, 2013 by Defendant clans.

유사 판례

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-수원지방법원 2016.05.18 2015노6626

-창원지방법원 2021.04.02 2020나52358

-서울서부지방법원 2017.06.15 2016가단233982

-대전지방법원 2013.01.24 2011가합11409