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(영문) 대구지방법원서부지원 2019.01.10 2017가단62478
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. The part as to Defendant B and C

A. Since the plaintiff's defense before the merits of the above defendants is a non-corporate body, the lawsuit on its property shall be held at a clan general meeting to resolve to file a lawsuit.

However, it is unclear that the plaintiff's members of the clan are several members, and the defendants of the clan have not received a notification for convening a general meeting of the clan.

The instant lawsuit is unlawful.

B. Determination 1) In a case where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving property jointly, it shall undergo a resolution of a general meeting pursuant to Article 276(1) of the Civil Act or undergo procedures pursuant to the articles of association (see, e.g., Supreme Court Decision 2012Da11229, 112305, Feb. 13, 2014). A clan general meeting shall, unless there are special circumstances, have determined the scope of members of the clan who are subject to notification for convening a meeting, and shall individually give them an opportunity to participate in the meeting and discussions and resolutions by giving them an opportunity to individually notify of their whereabouts, and it shall not have the effect of the resolution of the general meeting held without convening a notification for convening a meeting. Since the Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005; the majority of the clan members who are the common clan members are also women of the same, the general meeting of the clan shall not be decided 20100,200.

A submitted the evidence No. 9 to the effect that “A” was “A,” and 40 of the 74 members of the Plaintiff’s clan were present in the evidence No. 9

The Defendants stated that “The Defendants shall be notified of the convocation of the above general assembly.”

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