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(영문) 서울고등법원 2015.02.04 2014나2013707
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The basic facts;

2. The reasons for this part of the judgment of this court regarding Defendant B, D, and E’s main defense are as follows: (a) the reasons for this part of the judgment of the court of first instance are as follows: (b) the reasons for the judgment of this court are as follows: (c) the 2nd “12,233,060 won” under the judgment of the court of first instance as “the 2nd January 22, 2009”; and (d) the 5nd “the 712,233,060 won” under the 19th 19th 5th 19th 19th 19.” (the 25,959,060 won for land compensation).

(main sentence of Article 420 of the Civil Procedure Act). 3. Judgment on the merits

A. The Plaintiff’s assertion Defendants conspired to forge the first clan, the minutes of the general meeting of January 15, 2009, the minutes of the general meeting of November 22, 2009, the minutes of the second clan, the resolution of July 7, 2010, and the second clan, thereby acquiring ownership by disposing of the forest land of this case owned by the Plaintiff in the Republic of Korea, and thereby acquiring ownership thereof, obtain the ownership thereof from the Republic of Korea, obtain the Plaintiff, or obtain the Plaintiff by defrauding KRW 712,23,060 for compensation from the Republic of Korea, or by aiding and abetting Defendant C, E, and F, thereby aiding and abetting the above act, thereby causing damage equivalent to the Plaintiff’s compensation. Therefore, the Plaintiff as joint tortfeasor is liable to compensate for damages.

B. Since the property owned by the clan belongs to the collective ownership of the members of the clan, it shall comply with the provisions of the clan first as to the management and disposition of the clan, and if there is no rules on this point, it shall follow the resolution of the general meeting of the clan. Therefore, even if the property of the clan is disposed by the representative of the clan, it shall be null and void unless it goes through such procedures.

(See Supreme Court Decision 92Da27034 delivered on October 13, 1992, and Supreme Court Decision 2000Da22881 delivered on October 27, 200, etc.). Furthermore, the same applies to cases where a person, other than a clan, complies with the management and disposition stipulated by the rules of a clan or disposes of a clan property by misrepresenting himself/herself as if the resolution of a general meeting of a clan had been adopted.

According to the above facts of recognition, defendant B, and .

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