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Reasons
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(영문) 대전고등법원 2014.12.10 2012나7197
토지인도 등
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1.With respect to the principal suit in the judgment of the court of first instance, in excess of the following land and money for delivery and payment order:

Reasons

Ⅰ. Determination on Defendant B’s defense prior to the merits

1. The summary of Defendant B’s defense prior to the merits is a clan that is the NJ grouped of N, and the Defendant is a clan member of the Plaintiff, and the Plaintiff is attached to the Defendants.

1. Although a lawsuit of this case was filed to request the delivery, etc. of each land indicated in the real estate list (hereinafter “attached list”), the non-party F (Defendant B and Dong name; hereinafter “non-party F”) who is the representative of the plaintiff in the lawsuit of this case, was not appointed as the president at the general meeting of the clan, and thus, is not the representative of the plaintiff clan.

In addition, there was no legitimate resolution of the general assembly in filing the lawsuit in this case as the act of preserving the property owned by the plaintiff.

Therefore, the instant lawsuit is unlawful.

2. Determination

A. According to the overall purport of evidence Nos. 9-2, 32, 36, 42, 43, and 53 as to whether Nonparty F is a legitimate representative of the Plaintiff clan, according to the Plaintiff’s clan rules, the Plaintiff’s ordinary meeting is automatically held on October 15, 190 a.m. (However, the date may be determined as October 1 of each year) without convening a regular meeting (Article 7), the Plaintiff’s meetings shall be determined by a majority of the members present (Article 9), the term of office of the president and adviser shall be two years (Article 10), the minutes of the Plaintiff’s ordinary meeting held on November 16, 2005 are written by Nonparty F as the chairperson (the Plaintiff’s regular meeting is written in Defendant B), the Plaintiff’s regular meeting minutes held on October 14, 2006 (the Plaintiff’s regular meeting is written in Defendant B), and Nonparty F.1 appears to be the first president of the Plaintiff’s new general meeting held on December 17, 2001.

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