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1. The Defendants: (a) share of each of the Defendants’ shares in the attached Form No. 2,120 square meters among the Plaintiff’s Gongju-si Man 2,120 square meters, on December 2016.
Reasons
1. Judgment on the main defense of this case
A. Defendant B, C, D, E, and F asserted that the instant lawsuit was not a representative elected by a legitimate resolution of the general assembly, and that the instant lawsuit filed by AO as the representative of the Plaintiff was dismissed at the special general meeting on July 30, 2016, and thus, the instant lawsuit filed by AO as the representative of the Plaintiff should be dismissed.
First of all, according to the overall purport of evidence Nos. 2, 5, 10, 11, and 3-20 of evidence Nos. 3-20, the Plaintiff elected AO as president at the ordinary meeting held on April 4, 2015, 58 of the Plaintiff’s members among the members of the lower court passed a resolution for ratification of the power of representation of AO in the instant lawsuit at the extraordinary general meeting held on June 11, 2016, and the Daejeon High Court ruled that the Plaintiff’s legitimate representative was AO in the lawsuit filed by Defendant C, D, E, and F on October 14, 2016 (see Supreme Court Decision 2015Na10354, supra), and that Defendant C, D, E, F, and F were dismissed on the premise of the Plaintiff’s representative’s dismissal of the said appeal on January 25, 2017.
On the other hand, it is not sufficient to recognize that AO was dismissed on July 30, 2016 by only the descriptions of Eul evidence Nos. 3 and 4 (including branch numbers), and there is no other evidence to acknowledge it.
Therefore, since the representative of the plaintiff in the lawsuit of this case is judged to be AO, the above defendants' above assertion is without merit.
B. Defendant B, C, D, E, and F filed a lawsuit against Defendant B, C, D, E, and F, around 1986, claiming for ownership transfer registration based on the cancellation of title trust with respect to the instant land, and were sentenced by the court to implement the procedure for ownership transfer registration based on the cancellation of title trust with respect to the instant land.