(영문) 광주고등법원(전주) 2016.07.21 2015나989

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(영문) 광주고등법원(전주) 2016.07.21 2015나989

원인무효로 인한 근저당권설정등기말소 등

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On January 5, 2014, the Plaintiff’s representative had changed from E to Defendant B with respect to the F forest in Y, the registration of change of the indication of the registered titleholder was completed on May 30, 2014 (hereinafter “registration of change of the indication of the registered titleholder”).

B. On August 19, 2014, regarding G forest land owned by the Plaintiff, on August 19, 2014, the registration of the creation of superficies of KRW 30,000 won for the duration of Defendant C and D, and KRW 100,000 per month for the land rent (hereinafter “registration of the establishment of a neighboring land and the creation of superficies”).

C. Meanwhile, the main contents of the Plaintiff’s articles of incorporation pertaining to this case are as follows.

Article 9(1)The Assembly shall have the highest decision-making organ. 2) The Assembly shall be an ordinary general meeting and an extraordinary general meeting, and the annual meeting shall be held on January 5 of each year.

3) The Assembly shall be composed of members of not less than 20 years of age among all members. 4) The Extraordinary Assembly shall be convened by the Chairperson as necessary.

However, when 30 or more members jointly submit to the Chairperson in writing, stating the purpose and reason for convening the plenary session, and the Chairperson shall convene an extraordinary meeting after ratification by the board of directors.

Article 10 (Functions of General Meeting) The functions of General Meeting shall be:

1) Matters pertaining to the appointment and holding of office of officers: 2) Matters pertaining to the enactment, amendment and change of the articles of incorporation of the plenary session; 3) Matters pertaining to the budget and settlement of accounts; 4) Approval of matters relating to the increase, disposal and management of basic property of the plenary session; 5) Other matters reported at the meetings of each level. 6) Resolution on important matters pertaining to the operation of the plenary session (Article 11 (Quorum) of the plenary session is established as members on the day of the plenary session, and a resolution with the consent of a majority of the present members or more. 2) An extraordinary

Article 12 (Chairman) The chairman of the first general meeting.

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