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1. The Defendant received, as of July 16, 201, the head of Suwon District Court with respect to the area of 572 square meters in Sju-si, Innju-si.
Reasons
1. Facts of recognition;
A. On July 16, 2013, the Defendant completed the registration of ownership transfer on the ground of sale on June 20, 2013 (hereinafter “instant registration of ownership transfer”) with respect to the land owned by the Plaintiff, the Defendant, the Defendant of which was the Defendant’s name, for a female branch of Suwon District Court, No. 22734 square meters (hereinafter “instant land”).
B. However, in order to adopt a resolution on the disposition of the land of this case, the notification procedure to convene the general meeting of the plaintiff clan was not carried out against the members of the plaintiff clan, and the resolution of the general meeting of the plaintiff clan (No. 5-6) submitted at the time of the registration of the transfer of the ownership of this case stated that "No. 13:00, Gangnam-gu E Apartment F, Seoul" was held, but in fact, the general meeting of the plaintiff clan was not held at the above date, time, place, and the signature and seal list of the above general meeting resolution was written as if the plaintiff clan was signed and sealed although G and H did not actually sign and seal.
[Reasons for Recognition: Evidence Nos. 1, 5 through 8 (including paper numbers; hereinafter the same shall apply)
(2) Each entry, part of the witness D, and the purport of the entire pleading
2. Determination
A. First, the Defendant’s petition submitted on July 13, 2017 under the name of the Defendant stated that the instant lawsuit was unlawful since it was filed by G, not the representative of the Plaintiff clan, without the resolution of the general assembly of the Plaintiff clan, and thus, this is examined.
There is no evidence to acknowledge the aforementioned assertion, and rather, according to the overall purport of the statement and argument of Gap clan Nos. 2, 3, 4, and 9, according to the purport of the whole pleadings, the members of the plaintiff clan were duly elected from the extraordinary general meeting of the plaintiff clan held on December 20, 2015 with the permission to convene an extraordinary general meeting by the Suwon District Court Branch of the plaintiff clan 2015. G was legally elected from the representative of the plaintiff clan and the representative of the plaintiff clan who would recover the ownership of the land of this case.