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(영문) 의정부지방법원고양지원 2019.05.30 2018가단92970
소유권말소등기
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. Determination on this safety defense

A. The lawsuit of this case brought by a non-representative of the representative of the plaintiff's clan of this case is unlawful since the defendant's lawsuit of this case, which is represented by the representative of the plaintiff's clan, does not have a legitimate representative authority to represent the plaintiff's clan, and is filed without the resolution

B. Determination 1) According to the evidence No. 2 (Plaintiff clans Rules), it is recognized that “the president shall be elected by the majority of the members present at the general meeting,” and that there is no provision regarding the quorum. The resolution of the clan general meeting means that the majority of the members present at the general meeting, unless there is a special provision or the practice of the clan clan meetings, is decided by the majority of the members present at the meeting, and the majority of the members present at the meeting means that the majority exceeds 1/2 (see Supreme Court Decision 93Da40089, Nov. 22, 1994). Thus, if theJ, which is marked as the representative of the Plaintiff clan, has legitimate power of representation, the resolution on the opening of the chairman of the Plaintiff clan general meeting on August 26, 2018, by the majority of the members present at the Plaintiff clan and the majority of the members present at the general meeting on August 26, 2018, which does not constitute the majority of the members present at the above clan general meeting, and there is no evidence to recognize 8186 members present.

Therefore, the J, which is so represented by the representative of the plaintiff clan, cannot be deemed to have a legitimate representative authority to represent the plaintiff clan, and as a result, this lawsuit is brought by the plaintiff clan as the representative of the above J.

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