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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. On September 22, 2014, the Intervenor joining the Defendant (hereinafter “ Intervenor”) entered into a contract with the Plaintiff to purchase the instant land owned by the Plaintiff at KRW 300 million, and completed the registration of ownership transfer on the same day.
B. On July 28, 2016, the Defendant entered into a contract with the Intervenor to purchase the instant land in the amount of KRW 350 million, and on such grounds, completed the registration of ownership transfer on the said land on July 29, 2016.
C. On October 28, 2015, the Plaintiff’s clan E, F, G, and H (hereinafter “E”) filed a lawsuit seeking confirmation of invalidity of the resolution of the clan general meeting against the Plaintiff’s clan on October 28, 2015, which sought confirmation of invalidity of the resolution of the Plaintiff’s clan’s election of I as the president No. 2015Gahap1280.
E On March 15, 2016, three other parties filed an application for a provisional disposition of suspending the performance of duties against I as the branch court of Suwon District Court 2015Kahap508, and the above court made a decision as described below.
“1. The respondent shall not perform his duties as the representative of the above clan until the judgment on confirmation of invalidity of the resolution of the general meeting of clans 2015da11280 for the applicant’s branch branch of the Suwon District Court for the applicant’s family clans 2. The respondent shall not perform his duties as the representative of the above clans 2.3. The remuneration of the above representative shall be 2,00,000 won per month during the suspension period of his duties; 4. The representative permits the execution of duties selected by the representative of the above clans 4.
E. On May 3, 2016, J, the acting representative of the president of the Plaintiff clan, applied for the permission to call an extraordinary general meeting with the head of the Suwon District Court’s Branch Branch No. 2016 U.S.A. to appoint a new president of the clan as the purpose of the meeting. The said court permitted the convening of an extraordinary general meeting on May 3, 2016.
The Acting Director J.