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(영문) 수원지방법원평택지원 2019.01.24 2018가합9397
원인무효로 인한 소유권이전등기말소등기
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. A. On June 24, 2012, at the Plaintiff’s general meeting held, D was elected as the Plaintiff’s president.

B. After being elected as the president, D filed a lawsuit for quasi-deliberation to the Seoul Central District Court (2012 Gohap13) on the protocol in which the former president accepted a claim for cancellation of ownership on the clan property as the representative of the Plaintiff, and was sentenced to a favorable judgment on February 28, 2013.

On the other hand, the other party appealed to Seoul High Court (2013Na27932), and the Seoul High Court dismissed the quasi-deliberation suit on January 16, 2014 on the ground that the filing period has expired.

The plaintiff appealed to the Supreme Court (2014Da12348), and the Supreme Court rendered a judgment that reversed and remanded the appeal on October 13, 2016.

The Seoul High Court (2016Na20932) rendered a judgment dismissing an appeal against the above first instance court while the quasi-adjudication was filed within a lawful period on September 28, 2017 at the reversed and remanded trial. On January 31, 2018, the appeal against the above reversed and remanded trial (Supreme Court Decision 2017Da51177) was dismissed, and the above judgment of the first instance court became final and conclusive.

C. D continued to perform its duties as the president on June 23, 2015, while the term of office expired, but the latter president was not elected, D convened the 22nd general meeting to elect the latter president. D was again elected at the 27th general meeting on May 27, 2017.

C On May 27, 2017, the resolution of the General Assembly was made at the general meeting convened by D who is not authorized to convene the general meeting at the expiration of the term of office, and the right to convene the general meeting was declared on June 17, 2017 by asserting that he/she had the right to convene the general meeting, and the resolution was not made because the legitimacy of voting by the power of delegation is controversial.

E. D again convened an extraordinary general meeting as of August 19, 2017. A resolution was made to ratification the resolution of the general meeting as of May 27, 2017 at the above general meeting.

(f).

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