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(영문) 서울중앙지방법원 2017.02.09 2016가합508602
소유권이전등기 말소등기청구 등
Text

1. The Defendant (Counterclaim Plaintiff) receives the money set forth in paragraph 2 from the Plaintiff (Counterclaim Defendant).

Reasons

1. The premise fact is that the Plaintiff is a clan consisting of DC descendants, set up in Jung-si, Jung-si.

Part of the articles of the paper rules enforced on July 2, 2005 (hereinafter “instant rules”) are as shown in the attached Form.

On March 19, 2012, at a clan general meeting convened by E on March 19, 2012, the Plaintiff passed a resolution to select F, G, H, I, J, K, L, and M (hereinafter collectively referred to as “F, etc.”) as a member of the religious affairs committee, and F, etc. passed a resolution to select E as the chairperson of the Plaintiff.

On August 27, 2012, E and F, etc. resolved that “the sale of the forest land of this case to the Defendant” was by opening the Plaintiff’s religious affairs committee.

(hereinafter “instant resolution”). On September 6, 2012, E, on behalf of the Plaintiff, sold the instant forest land owned by the Plaintiff in KRW 1,440,736,00 on behalf of the Defendant, and completed the instant registration of transfer of ownership on behalf of the Defendant regarding the instant forest land on September 13, 201, and around that time, delivered the instant forest land to the Defendant.

On September 27, 2012, the Defendant transferred the full amount of the purchase price to the deposit account under the Plaintiff’s name.

On February 21, 2015, the Plaintiff elected N et al. and nine other (hereinafter “N, etc.”) from the special meeting of a clan convened by the Plaintiff’s “Emergency Countermeasure Committee” as its members of the clan, ratified the resolution of election of the president, etc. following the Religious Committee, and passed a resolution of approval, etc. regarding the filing of the instant lawsuit.

In addition, the committee of the religious affairs open on the same day elected theO as the president of the plaintiff and passed a resolution to the same effect as the above resolution of the special general meeting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 8, 12 through 14, 17, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The main defense to the main defense.

A. On February 21, 2015, the general assembly of the Plaintiff on February 21, 2015 is called by a non-exclusive person in violation of Article 11(1) of the Rules of this case or Article 70(2) of the Civil Act.

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