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(영문) 수원지방법원 2016.06.16 2013가합6486
가등기말소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the J which represents the Plaintiff’s representative.

Reasons

1. Basic facts

A. The Plaintiff is a clan consisting of five descendants of K, namely, the five descendants of L, and there is heavy emphasis on the M Department N,O, P, Q, R, and S T, U, and X of W Department under its supervision.

B. Y treated the Plaintiff’s representative as the Plaintiff’s representative, and on April 21, 1996, the Z was appointed by the temporary representatives’ general meeting as the president. On December 21, 1997, Z was appointed by the temporary representatives’ general meeting as the president and AA was appointed as the president.

AA was sentenced to a suspended sentence of two years on April 1998 due to a false clan rules and minutes prepared on April 1998 and disposed of the Plaintiff’s land, and was sentenced to a suspended sentence of two years for a false entry in the original of a notarial deed.

(Y) On May 5, 1998, Y held on March 11, 2002, a resolution was made to dismiss AB from office at the provisional meeting of delegates. On January 12, 2003, 2003, a resolution was made to appoint the network AB as the president at the general meeting of delegates, at the general meeting of delegates, at the general meeting of delegates, at the general meeting of delegates, the six members of which were present, and on March 25, 2007, a resolution was adopted to ratification the resolution of the general meeting of delegates as of January 12, 2003 and to again appoint AB as the president.

C. In a lawsuit filed by AB as the Plaintiff’s representative, the court held that AB has no legitimate authority to represent the Plaintiff on the ground that the resolution of the Assembly of Representatives on January 12, 2003, which appointed AB as the president, and the resolution of the special general meeting on March 25, 2007, which ratified this resolution, are null and void due to defects in the convocation procedure.

Seoul High Court Decision 2005Na81887 decided August 21, 2009, Seoul Western District Court Decision 2006Na3947 decided August 23, 2007, etc.

AB died on Nov. 10, 2008, and on Aug. 30, 2009, AC convened a temporary middle-class general meeting of the Plaintiff’s co-inheritors and appointed B as the president at the above general meeting. However, in the lawsuit that B performed as the Plaintiff’s representative, the court held that B did not have a legitimate authority to represent the Plaintiff, since B was null and void of the resolution of the temporary middle-class general meeting of August 30, 2009.

Seoul High Court Decision 2010Na9916 decided October 27, 2015

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