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(영문) 의정부지방법원고양지원 2014.04.11 2013가합5626
손해배상(기)
Text

1. Defendants B and D’s KRW 573,388,940 for each Plaintiff and 5% per annum from August 12, 2010 to April 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a clan consisting of G, and owned 29,838 square meters of H forest land (hereinafter “the instant forest”). Defendant B, the president of the Plaintiff clan, is the head of the net I (Death around January 28, 2008), Defendant C, the son of the deceased I, Defendant D, Defendant B’s son, Defendant B’s children, and Defendant F’s children.

B. The non-party Republic of Korea (Ministry of National Defense) established superficies on the instant forest on January 22, 2002, and used the instant forest as a shooting range.

C. (1) On January 15, 2009, after the death of the deceased I who was the chairperson of the plaintiff clan, Defendant B and D arbitrarily prepared the clan rules (hereinafter “the first clan rules”) for the purpose of changing the representative of the plaintiff clan to Defendant B, and as if the defendant B resolved as a new president according to the above rules, the minutes will be prepared. At will, the minutes of the extraordinary general meeting (hereinafter “the minutes of the extraordinary general meeting as of January 15, 2009”). The above minutes are written by the defendant B as the chairperson, the vice-chairperson of the defendant C, the defendant D as the auditor, the non-party J as the auditor, and the non-party J as the director, and the seals are affixed to each of the names.

Plaintiff

A clan shall hold an extraordinary general meeting at the principal office of 10:00 on January 15, 2009 as follows:

A decision shall be made by the chairperson of the defendant B with the consent of the total members present on January 28, 2008, when the chairperson of the plaintiff clan, six members of the total members of the clan and five members present, died on January 28, 2008.

Plaintiff

The principal office of a clan shall be changed to K 1802 Dong 802, 802.

(2) As to the forest of this case on February 6, 2009, Defendant B applied for the registration of change of the indication of the registered titleholder attached to the minutes of the extraordinary general meeting, the net I's basic certificate, and the first clan rules as of January 15, 2009. As a result, the representative of the Plaintiff clan is “I” from “I” to “Defendant B,” and Plaintiff clan's office is “Seoul Seongbuk-gu.”

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