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(영문) 대전지방법원공주지원 2020.06.04 2018가단20759
토지인도
Text

1. The part concerning the claim for reinstatement among the lawsuit in this case shall be dismissed.

2. The Defendants are listed in the separate sheet No. 1 annexed to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan naturally created in the Frith region of the Gongju-si by jointly setting the "E" as D 11 years old descendants.

B. Around April 2, 2016, the Plaintiff’s president G held the Plaintiff’s extraordinary meeting. In the foregoing extraordinary meeting, a resolution was made to sell part of the Plaintiff’s real estate owned by the Plaintiff in the Fririth of Gongri-si (hereinafter “Fri”) with the consent of a majority of 16 members present, and the proceeds from the sale to newly construct and operate the Plaintiff’s hall.

C. Accordingly, on December 4, 2016, G entered into a sales contract on behalf of the Plaintiff with Defendant C Co., Ltd. (hereinafter “Defendant C”) to sell KRW 7,019 square meters of H 7,019 square meters of forest owned by the Plaintiff at KRW 106,150,000, and completed the registration of ownership transfer on January 18, 2017 with Defendant C. On April 25, 2017, G entered into a sales contract with Defendant C to sell KRW 1,144 square meters of forest owned by the Plaintiff at KRW 17,30,000, and completed the registration of ownership transfer on May 19, 2017 with Defendant C.

[2] In addition to each of the above sales contracts, each of the above contracts is deemed to be “the instant real estate.” The instant real estate was combined with H 8,163 square meters on June 9, 2017, and thereafter, once again after July 2018, it was 3,957 square meters for H 3,957 square meters for H 3,957 square meters for forests, J 2,167 square meters for J 2,167 square meters for forests and fields, and 2,039 square meters for K 2,039 square meters

(C) was divided in sequence. D.

Defendant B (hereinafter “Defendant B”) purchased 1/2 of the instant real estate from Defendant C in the purchase price of KRW 100,000,000 from October 26, 2017, and completed the registration of ownership transfer thereof on October 27, 2017.

F. Meanwhile, the main contents of the Plaintiff’s bylaws (amended by the resolution of the extraordinary general meeting on April 25, 2009) are as follows.

Article 11 (General and Extraordinary Meetings) The principal session shall be a general meeting and an extraordinary general meeting.

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