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(영문) 서울중앙지방법원 2018.06.11 2017나78508
건물명도
Text

1. The defendant's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3. The appeal costs.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a portion of 49.87 square meters inboard (hereinafter “instant one real estate”) connected each point in sequence with each point of 1,2,3,4,5,6, and 1 among the items indicated in attached Table 1, 2, 3, 4, 6, and 1, a clan consisting of a clan with a clan of 20 years of age or older, who was registered in the family register as a descendants of Dogre C, and completed registration in the family register, and the Plaintiff entered into a lease agreement between the owner and E with respect to the total of 84.80 square meters (hereinafter “instant two real estate”) of the buildings listed in attached Table 2, with respect to the lease deposit of 35 million won in total among the buildings listed in attached Table 2, and the lease deposit of 1,00,000 won in monthly from July 1, 201 to June 30, 2012 (hereinafter “the lease agreement”).

The instant lease agreement was extended after the expiration of the lease term, but it terminated on June 30, 2017, and the Defendant, who occupied the instant two real estate, delivered the instant two real estate to the said E around June 30, 2017.

B. Since the Plaintiff completed the crypology system on January 21st of each year, the Plaintiff held an ordinary general meeting at the front end of the Sejong Metropolitan City L. The Plaintiff was elected as the president at the ordinary general meeting on February 23, 201, and the Defendant was appointed as the president.

After the end of the F's term of office, G was elected from February 20, 2014 to the new president at the ordinary general meeting of shareholders.

On February 20, 2014, some of the members who support F denies the validity of the above general meeting of shareholders who elected G as president, and that G is valid on February 20, 2014 when the general meeting of shareholders appoints G as representative against the plaintiff.

The court of first instance, which filed a lawsuit claiming ", has accepted G's claim (U.S. District Court Decision 2013Gahap102751), but the plaintiff appealeds against it, and the appellate court, at the time of the appeal, has the status of a director in order to leave the plaintiff meeting as the candidate for the chairperson from the rules of the plaintiff meeting.

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