beta
Text
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Attached list 1. of the judgment of the first instance.
Reasons
1. The reasoning of the court of the first instance cited the instant case is as stated in the reasoning of the first instance judgment, except for the addition of the judgment of the following 2 as to the assertion emphasized or added by the Defendants. As such, the reasoning of the court of first instance cited it as it is in accordance with the main sentence of Article 4
2. Defendant F, G, and H asserts that they have the right to possess and use each of the above real estate since they lawfully leased each of the instant real estate from the non-party clan, the title truster.
The "disposition of the property owned by the deceased" refers to the act of transferring the property in general or establishing a real right on it, so the phrase "the act of granting or leasing the right to use the property in general to another person" which does not reach the above shall be deemed as an act of management not disposing of the property in principle (see, e.g., Supreme Court Decision 2010Da56586, Oct. 25, 2012). The act of leasing each of the real property in this case to the above defendants constitutes an act of management of the property in common use, and as seen earlier, the act of the non-party clan leasing each of the real property in this case to the above defendants constitutes an act of management of the property in common use, and the above act shall be followed by a resolution of the clan general meeting, unless
However, according to the statement in Gap evidence No. 9, the non-party clan's rules provide that "the matters concerning the purchase and sale of the property of the clan shall be dealt with at the general meeting (Article 12 (1) 5), and the above matters shall be resolved with the attendance of at least 2/3 of the registered members and with the consent of a majority of the members present." Other agenda items are stipulated as "the attendance of a majority of the registered members and the consent of a majority of the members present (Article 13)." The non-party clan's clan's properties shall not be separately provided for the management of the property of the clan, according to the statement in Gap evidence No. 21, the general meeting of the non-party clan