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(영문) 수원지방법원 2017.05.17 2016가단21977
분묘굴이청구등
Text

1. The defendant C indicated in the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the land sizeing 68,87 square meters of the land of Heung-gu Seoul Special Metropolitan City D. The plaintiff is each of the defendant C.

Reasons

1. Facts of recognition;

A. The plaintiff clan completed the registration of transfer of ownership on June 28, 1995 with respect to the land size of 68,887 square meters for the 68,887 square meters for the plaintiff clan in Young-gu, Young-gu. The defendants are the members of the plaintiff clan.

B. On June 28, 1995, the registration of ownership transfer in the name of the Plaintiff’s clan was completed in order on September 29, 2016, with respect to the land size of 3,259 square meters in Yeongdeungpo-gu E forest land, Young-gu, Young-gu, Young-gu, Incheon, and the registration of ownership transfer in the name of

C. In around 2001, Defendant C shall establish and manage one grave for his grandparents (hereinafter “one grave of this case”) within 107 square meters in the part (Ga) connected with each of the items in the attached Table 1, 2, 3, 4, 5, 6, and 1 among the area of 68,87 square meters of the land in Yeongdeungpo-gu, Yeongdeungpo-gu D. 68,87 square meters in order, and one grave for his grandparents (hereinafter “one grave of this case”) within 10, 11, 12, 13, 14, 15, and 10 square meters in order to each of the items (Da) in the same map.

Around 201, Defendant B installed one grave for the parents of Defendant B (hereinafter “instant grave”) within the size of 103 square meters on the ship (B) which connects each point of the attached Table 1, 6, 7, 8, 9, and 1 among the forest and field E 3,259 square meters in Yeongdeungpo-gu, Young-gu, Chungcheongnam-si, 2001.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 33 and 34, the result of appraiser F's survey and appraisal, the result of the on-site inspection conducted by this court, the purport of the whole pleadings

2. The Defendants asserted that the lawsuit of this case by the Plaintiff clan was unlawful as it was brought without the resolution of the general assembly among the Plaintiff.

Article 13 (1) of the Rules of the plaintiff clan provides that "The acquisition and disposal of the property of the clan shall be decided at the general meeting after the resolution of the board of directors, and its execution shall be executed by the chairperson and the general secretary of the board of directors after the resolution of the board of directors," and the plaintiff clan may delegate it to the board of directors according to the resolution of the general meeting, taking into account each statement of the evidence Nos. 6, 7, 8, 10, 11, 12, 13, 23, and 24 of the Rules of the plaintiff clan."

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