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(영문) 대구지방법원 2015.09.09 2014나302759
소유권말소등기
Text

1.On a request for change in exchange at the trial, the judgment of the first instance shall be changed as follows:

The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an organization established for the purpose of pre-industrial management, friendship among the members, etc., consisting of adult men among the O descendants. 2) Defendant B is a vice-chairperson of the Plaintiff.

B. Defendant B and the Plaintiff’s president, N, and V, the Plaintiff’s general director, in collusion, hold a board of directors meeting at N’s house on November 13, 201, and hold a board of directors meeting at N’s house on November 13, 201, and hold the Plaintiff’s 22954 square meters of FY forest land in the racing-si, which was owned by the Plaintiff in violation of the Plaintiff’s bylaws (hereinafter “instant

(2) On December 26, 201, Defendant B and V concluded a contract to sell the instant forest land to Defendant B for KRW 1,091,480,000. According to the Plaintiff’s bylaws, Defendant B and V knew that the ownership of the instant forest land, which is the Plaintiff’s ownership, cannot be transferred in the future to Defendant B. There was no fact that they held a general meeting intended for the Plaintiff’s entire members, they conspired to forge the Plaintiff’s general meeting minutes and the amended regulations, and they held an extraordinary general meeting around November 14:0, 201 and decided that “at least 25 members present among 34 members present at the general meeting to dispose of the instant forest land for KRW 1,00, passed a resolution to dispose of the instant forest land for KRW 34,00.” The Plaintiff’s existing regulations on the management of property are divided into real estate and movable property, and the Plaintiff’s existing regulations on the management of property are managed by the general meeting or the board of directors’ resolution by two-thirds or three-thirds.”

Since then, around April 2012, V entered the minutes of the meeting as of November 26, 2011 and the list of participants in the meeting rules in three copies: W, X,Y, Z's name and address and affixed their seals, and then forged three copies of the minutes of the meeting and the meeting rules with seals affixed to the above four seals.

3. After August 21, 2012, Defendant B was given forest land No. 1 in this case.

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