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1. The Defendant shall deliver to the Plaintiff the answer 2,802 square meters and E 1,306 square meters, each of which is the Plaintiff, Jin-si, Jin-do.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. The pertinent Plaintiff is a clan with F’s descendants as its members, and the Defendant, as the Plaintiff’s member, cultivated the Plaintiff’s members of the clan D 2802 square meters and E 1306 square meters (hereinafter “the instant land”).
B. The Plaintiff’s 1 criminal case case case No. 1) G was the final cause of the Plaintiff’s 1 criminal case from February 9, 2013 to August 29, 2014, by forging and using the Plaintiff’s minutes on three occasions each, and as a result, he/she transferred H’s 660/3,021 shares and I, J, and K to L, in the future, M, and N due to each trade in Korea.
G was prosecuted for each of the above crimes (Jinwon District Court 2016 High Court 2016 High Court 138). On July 13, 2016, G was sentenced to a suspended sentence of two years in imprisonment with prison labor in October 13, 2016, and G appealed against the above judgment and appealed, but all of the appeals were dismissed.
B) Accordingly, the Plaintiff filed a lawsuit against L andO seeking the cancellation of the above transfer of ownership (P). On June 9, 2017, the aforementioned court dismissed the lawsuit on the ground that “P is not entitled to represent the Plaintiff.” (2) The Plaintiff appealed against the judgment of the first instance court (the Changwon District Court 2017Na3219), while filing an appeal on November 19, 2017 (hereinafter “instant special general meeting”).
The P is selected as the representative of P, and the agenda for ratification of the previous procedural acts concerning the lawsuit conducted by P was passed by all 54 participants.
In the above appellate trial, the defendant brought a lawsuit of this case by P without the power of representation, and ratified it, and ① the officer elected at the ordinary general meeting violates Article 6 of the plaintiff's articles of association, ② the officer was not convened by legitimate convening authority, ③ the notification of convening was not properly made, ④ the non-family member was present or the same person overlaps.