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(영문) 창원지방법원밀양지원 2016.10.14 2016가합10208
손해배상(기)
Text

1. Defendant D and E (H) jointly share KRW 280,000,000 for Plaintiff A and KRW 5,000,000 for Plaintiff B, respectively.

Reasons

1. Basic facts

A. Status 1 of the parties is the Plaintiff Company A (hereinafter referred to as the “Plaintiff Company”).

The purpose of the production and sale of by-product fertilizers is the company that aims at the production and sale of by-product fertilizers, and the plaintiff B is the inside director who is the representative of the plaintiff company.2) The defendant CF (hereinafter referred to as the "Defendant D, E (hereinafter referred to as the "Defendant E"), F (hereinafter referred to as the "Defendant F"), and G are the members of the defendant clan.

B. On July 2012, Defendant D as the children of Defendant E, and each of the real estates listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) owned by the Plaintiffs from the Plaintiffs on the following grounds: (a) the collective title of each real estate is “the instant real estate”; and (b) the personal title is “the instant real estate”.

(2) The Defendant clan did not delegate his/her authority to sell the instant real estate to Defendant E, or did not hold an extraordinary general meeting on November 9, 2013 or appoint Defendant E as the representative at the general meeting thereof on January 15, 2014, and did not have resolved to sell the said real estate to the Plaintiffs on January 15, 2014.

Nevertheless, on July 8, 2012, Defendant D prepared a written resolution of the organization of the Defendant clan (No. 3-1) dated July 8, 2012, stating that “the representative of the Defendant clan changed to Defendant E, and delegate the authority to sell the real estate of this case to Defendant E”, a written resolution of special meetings of November 9, 2013 (No. 3-5), which appointed Defendant E as the representative of the Defendant clan, and the minutes of the Defendant clan (No. 4-1) as of January 15, 2014 regarding the resolution of the instant real estate disposal.

On the other hand, at the bottom of each of the above documents, the names of Defendant E, F, and G are written.

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