(영문) 대전지방법원공주지원 2017.06.01 2015가단22358

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(영문) 대전지방법원공주지원 2017.06.01 2015가단22358

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on the legitimacy of the instant lawsuit

A. (1) The summary of the Plaintiff’s assertion: (a) the Plaintiff’s clan: (a) the clan is a clan that raises the age 13 of the Dmph to a common ancestor; (b) the Plaintiff’s clan terminated the title trust on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that it held in title by its members; (c) the Plaintiff’s clan held a general meeting on January 10, 2015 and delegated F, a representative of the clan, with the authority to terminate the said title trust and to take legal measures to recover each of the instant real estate.

Furthermore, on April 17, 2016 and August 14, 2016, the Plaintiff’s clan held each extraordinary general meeting and ratified the resolution that elected F as the representative of the Plaintiff’s clan and the regulations of the clan enacted. The Plaintiff made a resolution to entrust F with the authority on the termination of title trust and the legal procedure for preserving the name of ownership of each of the instant real estate.

Therefore, the lawsuit of this case where F, as the representative of the plaintiff clan, obtained the authority of the plaintiff clan and completed the registration of ownership transfer for each of the real estate of this case by subrogation of G, H, I, and C, the title trustee of the plaintiff clan, who is the title trustee of the defendant Eul, who is the title trustee of the real estate of this case as stated in the separate sheet Nos. 2, 3, and 4 (hereinafter "real estate of this case"), and the registration of ownership transfer or cancellation of each of the real estate of this case, is a legitimate representative.

The summary of the Defendant’s argument is that the Plaintiff clan was rapidly designed for the institution of the instant case around January 2015, and it did not specify who the Plaintiff’s member or his/her family dependent.

Thus, each general assembly which selects F as the representative of the plaintiff clan or grants special authorization for the filing of the lawsuit of this case shall be null and void as it did not go through legitimate convening procedures.

Therefore, the instant lawsuit is unlawful as it is by a person without the power of representation.

유사 판례

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