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(영문) 서울중앙지방법원 2017.12.22 2017가합15282
이사회결의 무효확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is an organization similar to a clan whose members are not less than 20 years of age among the members of the D clan jointly created by C and the members of the E clan, and the plaintiff is the defendant's director.

B. On January 6, 2004, the Defendant completed the registration of transfer of ownership based on the termination of title trust with respect to the remaining 15/16 shares, excluding the shares in G name 1/16 among the above forest land, under title trust with 16 square meters in G et al. to 16 persons, including G et al.

C. On June 14, 2004, the said F forest was divided into 14,050 square meters of H forest in Y-si and 14,050 square meters of the said F forest (hereinafter “instant forest”) and 14,185 square meters of I forest.

On June 15, 2004, the defendant completed the registration of ownership transfer on May 20, 2004 with respect to shares of 15/64 out of the forest of this case to J, K, L, and M.

E. After that, on October 13, 2009, the instant forest was divided into N forest land 14,242 square meters and 9,365 square meters of N forest and 4,877 square meters of O forest and 4,877 square meters.

F. On the other hand, in the above O forest, a project site for urban planning facilities (P development) was accepted by J 15/64 shares among the above O forest, and on November 13, 2009, the Jeonju District Court deposited KRW 47,550,750 of the expropriation compensation with J and the Defendant as depositee, on the ground that there is a dispute over the ownership ownership of the said land to be expropriated.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number in the case of additional number), and the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

The plaintiff forged the minutes of the meeting of the board of directors (Evidence A 4) as if Q, a representative of the defendant, did not hold an emergency board of directors on May 16, 2004 in the course of trading the forest of this case with J, etc., but the resolution was made for trading the forest of this case. The above resolution of the board of directors is null and void, and is in the forest of this case.

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