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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2012.03.28 2011가합7813
청구이의
Text

1. The plaintiff's lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. The plaintiff's assertion was issued on September 18, 2009 by the authentic copy of the authentic copy of the promissory note stated in the purport of the claim by Cheongju District Court Decision 2009TTTTT 1940 on September 18, 2009, with respect to the land and articles owned by the plaintiff to be incorporated into "F projects" designated by the Korea Land Corporation from the Korea Land Corporation as the project implementer under the Ministry of National Defense under the provisions of Article 15 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects until 45 million won out of the compensation for losses to be received pursuant to the provisions of Article 15 of the Act

The promissory note stated in the purport of the claim, which is the basis of the above order of seizure and collection, is the issuer’s “H”, “450,000,000 won”, “450,000 won”, “B”, “the date of issuance”, “the date of August 14, 2008”, “the date of payment”, “the date of August 16, 2008,” and “the place of payment and the place of issuance”, and “H and the Defendant’s commission are notarized by a notary public.” However, the said promissory note was issued by a non-authorized person, as it is not the Plaintiff’s legitimate representative, and the Plaintiff did not go through any resolution such as a clan or a council of delegates, which would issue the instant promissory note and pay its debts. Therefore, the said promissory note is null and void.

Therefore, compulsory execution based on the notarial deed of the invalid promissory note must not be permitted.

2. Judgment on the main defense of this case

A. The lawsuit of this case is unlawful since C, as the representative of the plaintiff's assertion of the defendant, was appointed at an invalid clan general meeting resolution by omitting a notification of convening a clan for some clan members, and there was no authority to represent the plaintiff, and there was no resolution of the general meeting of the plaintiff to file the lawsuit of this case, which is an act of preserving

B. The representative of a clan shall be determined as to the existence of the C’s representative authority according to the clan rules or special practices.

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