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(영문) 광주지방법원 2015.05.15 2014가단503771
청구이의
Text

1. On February 4, 2013, the Defendant’s Gwangju District Court Decision 201Na12227 against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the representative of his clan C (hereinafter “the instant clan”). The Defendant asserted that the area of 7,041 square meters of farmland D, Nam-gu, Gwangju was trusted to the Plaintiff, etc. by the instant clan. In light of the name of the instant clan, around August 201, the Defendant filed a lawsuit claiming for the performance of the procedure for ownership transfer registration against the Plaintiff, etc. with the Gwangju District Court No. 2011Gadan4013, but was sentenced to the retirement of the Defendant on August 2012 to the effect that there was no representative authority as to the said clan.

1. The instant clan and the Plaintiff, etc. identify the list and contact numbers of all the members of the said clan, and intend to hold the general assembly of the said clan on April 14, 2013 from “F” located in the Southern-gu Seoul metropolitan community D.

2. The clans of this case and the defendant shall have the status of the representative of the above clan E as the members of the mediation intervenor E at the date stated in paragraph 1 above, and actively cooperate in all necessary procedures.

3. If the representative of the same clan is changed to E, the Plaintiff, etc. shall implement the registration procedure for transfer of ownership on the ground of termination of title trust on April 14, 2013 to the same clan by July 14, 2013.

4. Where the representative of the clan of this case is changed to E, the Plaintiff shall pay KRW 50,000,000 to the same clan for use for the development fund of the clan, scholarships for descendants from the door and expenses necessary for the transfer of the title of the above real estate until May 31, 2013. If the Plaintiff does not pay KRW 50,000,000 to the clan by the payment date, the Plaintiff shall pay the Defendant the amount of KRW 50,00,000 and damages for delay at the rate of KRW 20% per annum from June 1, 2013 to the day of complete payment.

When the defendant receives the above money, he shall immediately deliver it to the same clan.

5. E shall not sell the above real estate without the consent of 2/3 or more of the members of the clans in connection with the restriction of the rules of the clans so far as they are the representative of the instant clans.

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