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(영문) 서울중앙지방법원 2015.12.02 2013가합539179
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status as a member of the clan, which is a joint group of five-year-old descendants of D, who are the 13-year-old descendants, is the H, I, J, K, L, M, N in the M, P in the O, and R in Q.

B. The Plaintiff’s resolution 1) The Plaintiff holds a clan general meeting on March 18, 2012 (hereinafter “the clan general meeting of March 18, 2012”).

(2) On November 18, 2012, the Plaintiff made a resolution to appoint C as the representative of the Plaintiff with the consent of all members of the members of the 323 clans, including the members of the clan who submitted the power of attorney. (3) On November 18, 2012, the Plaintiff, including the members of the clan who submitted the power of attorney to hold a general meeting of clans (hereinafter “general meeting of clans of November 18, 2012”), appointed C as the representative of the Plaintiff with the consent of all members of the 333 members of the clans present, and passed a resolution to ratification the general meeting of clans of March 18, 201

3) The Plaintiff holds a clan general meeting on November 30, 2014 (hereinafter referred to as “family general meeting of November 30, 2014”).

(2) While a majority of 298 clan members, including the members of the clan who have submitted their power of attorney, the resolution to appoint C as the chairperson who is the representative of the plaintiff with the consent of 256 members, ratification of the litigation act made by the plaintiff as the representative with the consent of all members present, and the lawsuit to be added in the future shall be brought in accordance with the resolution of the board of directors, and the special authorization of the above lawsuit shall be delegated to C, and the resolution of the clan General Meeting dated March 18, 2012 and the resolution of ratification of the resolution of the clan General Meeting dated November 18, 2012 shall be made respectively. [Grounds for recognition] There is no dispute, the facts that there is no dispute, Gap Nos. 1, 2, 5, 11, 22, 66 through 70 (including the number of branch numbers; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The gist of the Plaintiff’s assertion is that the Defendant, on August 9, 2012, made the Plaintiff the obligor and the Republic of Korea as the third obligor by virtue of the original copy of the payment order stated in the purport of the claim under Daejeon District Court Decision 2012TTT 5252.

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