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(영문) 수원지방법원 2017.11.30 2016가단800071
분묘굴이
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a clan that is the joint set of DC No. 14 years old E and the joint set of clans.

B. The Plaintiff owns C/C forest land 14,380 square meters (hereinafter “instant land”). Of the instant land, the Plaintiff owned a tomb, a grandparent, and three tombstones on the part of the Defendant on the ground of 96 square meters on the part of (A) part of the instant land connected with each of the points of the indication 1, 2, 3, 4, and 1 in sequence, among the instant land.

C. Article 6 (Meetings) of the relevant regulations has a general and extraordinary general meeting of the Plaintiff clan.

(Regular General Meeting) The ordinary meeting shall be held in both grades (one month) each year.

(2) An extraordinary meeting may be convened with the approval of at least 1/3 of the advisory members when there is a request from at least 1/3 of the incumbent members or when the Chairperson deems it necessary for important matters and meetings.

Article 7 (Power of General Meeting)The Assembly shall consider and resolve:

Matters concerning the management, disposition, and acquisition of clan property shall be convened by the general meeting under Article 8 (Convocation of the general meeting) at least one week prior to such meeting, and the time, place, and purpose of the meeting shall be notified to all members, and may be notified or verbally.

Article 10 (Resolution of General Meeting) The agenda of General Meeting shall be decided with the consent of a majority of the present members.

Provided, That matters concerning the management, disposition and acquisition of the clan property and matters concerning the amendment and modification of the regulations of the clan shall be decided with the consent of a majority of the members present.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, each entry of No. 8, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the defense is that the Plaintiff filed the instant lawsuit without a resolution of the competent clan general meeting, and thus, the instant lawsuit is unlawful. As to this, the Plaintiff made a resolution on the sale of the instant land at the extraordinary general meeting on March 31, 2012, and the sale of the instant land at the ordinary meeting held at the F restaurant on January 21, 2017, and the progress of the sale of the instant land and the relocation of the graves on the instant land, and the compensation for its relocation.

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