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(영문) 대전지방법원 2016.02.17 2015가합105371
종중총회결의무효확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The defendant's status as the parties of the basic fact is a clan established by descendants of G 25 years old descendants by focusing on their descendants, and the plaintiffs are the members of the defendant.

On July 207, the Defendant filed a claim for ownership transfer registration against I and the instant general meeting resolution with respect to the Defendant filed a lawsuit seeking the implementation of the ownership transfer registration procedure on the ground of the termination of title trust with respect to various lands, including 43,532 square meters of forest FY-gun, Chungcheongnam-gun, Chungcheongnam-do. (this court 2007Gahap6127).

On July 8, 2007, the Defendant held a clan general meeting with the J’s convening. The above general meeting adopted a resolution that “E is appointed as the representative of the Defendant, and the Defendant confirmed all the procedural acts performed by the representative E in the lawsuit claiming ownership transfer registration of this court No. 2007Gahap6127, which was instituted by the Defendant on July 2007, against the clans in respect of various lands, including the FF forest and forest No. 43,532 square meters, in order to confirm the title trust termination, and to delegate the future procedural acts.”

On August 27, 2008, the defendant was ruled against this court on the ground that the defendant did not have any actual presence at the time of title trust with respect to I in the lawsuit claiming the above transfer registration of ownership. However, the appellate court (Seoul High Court 2008Na8506) rendered a favorable judgment on the ground that the defendant was in fact at the time of the above title trust, and that the above land was in title trust with I.

After that, on July 23, 2009, the Supreme Court (2009Da17363) reversed the above judgment and remanded it to the appellate court on the ground that "the above judgment is not effective as a resolution of the clan General Meeting on July 8, 2007, which was convened by the court without the authority to convene a general meeting, by the court without the authority to convene a general meeting."

On July 11, 2009, the defendant held an extraordinary general meeting of the defendant (hereinafter referred to as the "instant general meeting") by convening K. The above general meeting is selected and appointed as a representative, such as the resolution of the clan on July 8, 2007, and E is filed in the lawsuit claiming the transfer of ownership.

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