(영문) 대구지방법원 2018.01.12 2017가단5928

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) 대구지방법원 2018.01.12 2017가단5928

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 2008, the Bankrupt M&P Co., Ltd. (hereinafter “Bankruptcy”) was designated as the project implementer of the Youngcheon-si Forest and Forest (hereinafter “instant forest and forest”) from around October 2008 as the project implementer of the instant forest and forest (hereinafter “instant forest and forest”), and the Simcheon-si held a joint briefing session through the public announcement and public inspection of the said industrial complex plan.

B. After confirming the existence of 167 graves in the instant project site, the bankrupt, on December 28, 2010 and February 1, 2011, issued a public announcement of the reburial of graves in the instant project site, including the instant forest, and installed a banner on September 3, 2010 to December 30, 2010, with the content of finding the relatives of the graves in the instant project complex, including the entrance of the project site from September 3, 2010 to December 30, 2010.

C. On April 15, 201, the bankrupt presumed 167 of a grave which was not reported, and filed an application for permission for relocation of a grave on April 15, 201, and opened the said grave to EF at the same time on April 25, 201.

The Plaintiff filed a lawsuit against the bankrupt against the Daegu District Court 2015Kadan21759, and on September 30, 2016, there was no evidence to deem that the Plaintiff filed a lawsuit following a resolution at a general meeting, and the judgment dismissing G on the ground that it cannot be viewed as a legitimate representative of the Plaintiff. The above judgment became final and conclusive thereafter.

E. The bankrupt was declared bankrupt on May 11, 2017, and the Plaintiff was appointed as the bankruptcy trustee.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1 through 15 (including a serial number), the purport of the whole pleadings

2. We examine whether the filing of the instant lawsuit is legitimate prior to the judgment on the Plaintiff’s argument regarding the legitimacy of the lawsuit.

A clan which is an association which is not a juristic person shall jointly own the property.

유사 판례

-대구지방법원 2016.09.30 2015가단21759

-부산지방법원 동부지원 2019.05.01 2018고단2446

-부산지방법원 2015.05.21 2013가합20093

-대전지방법원 논산지원 2015.04.10 2014고단410

-광주지방법원 2017.12.21 2017고단1145