(영문) 광주지방법원 2015.05.26 2013가단57547

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(영문) 광주지방법원 2015.05.26 2013가단57547

건물철거 등

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1. The defendant shall be the plaintiff.

(a) Of the 60,500 square meters of land in Yong-gun, Jeonnam-gun, the annexed drawings 1, 2, 3, 4 and 1, respectively.

Reasons

1. Determination on this safety defense

A. As to the Defendant’s assertion that the Plaintiff is the owner of each forest land indicated in the disposition (hereinafter “the forest land of this case”), the Defendant sought removal of each structure indicated on the orders of each of the forest land of this case (hereinafter “each of the structures of this case”) and delivery of each of the forest land of this case as follows.

(1) The representative of the Plaintiff clan, who filed the instant lawsuit, is limited to a person who was represented by the representative from around 2007 without a resolution of the general assembly in accordance with the due process, and the Plaintiff clan appointed F at the extraordinary general meeting on May 11, 2013. Accordingly, the instant lawsuit filed by a person who is not a legitimate representative of the Plaintiff clan and therefore has no power of representation is unlawful.

(2) The instant lawsuit is unlawful with respect to the management of the Plaintiff’s clan’s property, and the instant lawsuit brought without the resolution of the Plaintiff’s general meeting of clans.

B. (1) In full view of the purport of the entire pleadings, the following facts can be acknowledged in each of the statements in Gap evidence Nos. 5, 6, 8, and 9.

(A) On August 11, 2007, E, G, H, I, J, K, L, M, and N hold a general meeting of the Plaintiff clan to appoint E as the representative of the Plaintiff clan, and enacted the rules. The main contents of the rules are as follows.

[Rules] Article 1 (Name) of the Code refers to the name of the clan A.

Article 4 (Officers) The officers of clans shall be as follows:

1. One representative;

2. One secretary shall be appointed at the ordinary meeting of shareholders from among the officers of this clan, and the secretary shall be appointed by the representative;

1. The president shall exercise overall control over the general affairs of the clan and represent the clan and represent the general assembly and the clan members meetings.

2.The Secretary shall administer all the duties of the clans;

Article 6 (Term of Office of Representative) The term of office of the clan representative shall be three years.

Article 7 (Management and Administration of Property) The management of the property of the clans shall be managed by the representative.

유사 판례

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