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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by C, the representative of the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a clan that consists of descendants from DC 14 years of age to D DC 14 years of age to D E.
B. On November 19, 2012, the Plaintiff took out a loan of KRW 700 million from Defendant Nonghyup Bank Co., Ltd., and entered into a mortgage agreement on each real estate listed in the attached Table 1, which is owned by the Plaintiff. On the same day, the Plaintiff completed the registration of establishment of a collateral security with the Jung-gu District Court No. 21091, which is the Defendant Nonghyup Bank Co., Ltd., the obligor, and the maximum debt amount of KRW 840 million.
C. On April 9, 2015, the Plaintiff agreed to lease Defendant B the same building No. 2 on the ground of the F. 3, 2015. On May 12, 2015, the Plaintiff concluded a mortgage agreement on each real estate as indicated in the separate sheet No. 2 in order to secure a claim for the refund of the deposit. On May 14, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of each neighboring mortgage of this case” along with the registration of the establishment of a neighboring mortgage of KRW 450 million with the registration of the establishment of a mortgage of this case as indicated in the previous paragraph (b).
Plaintiff
Nonparty C and G filed a lawsuit against the Plaintiff stating that “The Plaintiff is null and void of a resolution appointing H as the president at the extraordinary general meeting of January 14, 2014.” In the case of a governmental district court 2014Kahap5020 and a provisional disposition for appointing acting directors, the said court decided on October 14, 2014 that “H shall not perform its duties as the president until the judgment on the merits becomes final and conclusive,” and on November 3, 2014, the said decision became final and conclusive around that time.
E. On October 1, 2015, the Plaintiff was delegated with the authority to convene a general assembly by the J, who is the colon of the Plaintiff clan.