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(영문) 대전지방법원천안지원 2015.02.10 2014가단5551
소유권이전말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 9, 2015, an attorney D, and E submitted a letter of delegation of lawsuit to the effect that the power of representation in the instant lawsuit was delegated by F, who is called as the Plaintiff’s representative, as an attorney D, E’s right of representation.

However, according to the records, on December 1, 2013, the plaintiff who elected F as president, filed a lawsuit against the plaintiff for confirmation of the representative of a clan (Seoul District Court Decision 2014Gahap768), and F for the suspension of performance of duties and the provisional disposition of appointment of acting president (Seoul District Court Decision 2014Kahap93), respectively, on October 10, 2014, the Daejeon District Court Decision 2014Kahap93 decided on October 10, 2014, stating that "I appoint He as the acting representative of the plaintiff, and convening an extraordinary general meeting under the supervision of the above acting representative, and confirmed that I had a legitimate power of representation of the plaintiff with the appointed representative of the above general meeting." ③ In the case that 2014Kahap768 decided on July 27, 2014, the plaintiff's notice of provisional disposition, which was issued as the recommendation of the general meeting (the above provisional disposition was issued as the recommendation of the general meeting).

According to the above facts, as at January 9, 2015, an attorney D and E delegated the power of attorney to act as a representative of the plaintiff at the time of delegation of the power of attorney at the lawsuit in this case, since the representative of the plaintiff is not F but G, attorney D and E shall be granted the power of attorney at the time of granting the power of attorney to act as a representative from

2. The plaintiff is the defendant.

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