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(영문) 의정부지방법원고양지원 2020.01.10 2019가합70455
부당이득반환청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a clan that is KC 33 years old L, and each real estate listed in the separate sheet owned by the plaintiff (hereinafter "the real estate of this case") was title trusted to the defendant's father or father.

After that, the Republic of Korea purchased the instant real estate to expropriate or purchase it, and paid the compensation for expropriation or purchase price (hereinafter “sale price, etc.”) to the Defendants. Since the Plaintiff terminates title trust, the Defendants are obligated to return the sale price, etc. to the Plaintiff

2. We examine whether there was a legitimate resolution of the general assembly for filing the instant lawsuit prior to the merits.

(1) Where a clan files a lawsuit without a resolution of the general assembly of its members due to a lawsuit concerning collective property, it is unlawful to hold a special authorization on filing a lawsuit by a clan with the special authorization on filing a lawsuit.

(2) A clan of this case (see Supreme Court Decision 2006Da64573, Jul. 26, 2007) provides each person with an opportunity to participate in discussions and resolutions by providing each person with an opportunity to participate in such proceedings by convening a notification for convening a notification to all the adults who can be notified among the members of the clan, and there is no effect of a resolution of a clan general meeting held without a notice for convening a notification to some members

When a clan holds a general meeting, it shall include not only all the clans recorded in the world newsletters, but also the clans who are not recorded in the world newsletters, and shall individually give a notice for convening a general meeting to the clans who are able to communicate because their location is clear after determining the scope of the clans subject to the notice for convening the general meeting (see Supreme Court Decision 95Da44986, Feb. 28, 1997), and if the world newsletters are relatively recently prepared, the clans shall make efforts to determine the clans and grasp their location, and if it is impossible, reasonable grounds for such efforts shall be supported, and the plaintiff shall also be supported.

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