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(영문) 서울고등법원 2015.07.09 2014나53020
분배금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

(a) The status of the parties, etc. 1) Defendant KWU (hereinafter “Defendant KWU”)

A) A clan is an O 18-year-old P’s descendants as its clan members, and Defendant M and N (hereinafter “Defendant M”) is a clan.

(2) The Plaintiffs are part of the female clan members of the Defendant clan.

B. Resolution 1 on the sale and purchase price distribution of the real estate owned by the Defendant clan was L at that time, the representative of the Defendant clan was L. On April 8, 2011, the 25 members of the clan, including the Defendant M, were recorded in the minutes of the clan that was prepared at that time. The total number of the members of the clan was 25. The only part of the minutes was the only part of the clan, and ① was the only part of the clan, the number of the members of the clan was changed on January 1, 201, the number of the members of the clan was 181 square meters, and ② the number was 1,147 square meters, and the number was 30,528 square meters (hereinafter collectively referred to as the “instant land”).

A) A resolution to sell the sales proceeds and distribute the remainder after deducting expenses requested for sale, taxes and public charges, etc. from the sales proceeds to 25 male members (hereinafter “resolution of this case”).

(2) On April 21, 201, the Defendant clan sold the instant land to V in the purchase price of KRW 4 billion, in accordance with the instant resolution, and distributed the remaining KRW 2.5 billion (hereinafter “distribution of this case”) excluding KRW 1.2 billion, such as the request for sale, the tax and public charges, and the custody of the Defendant clan, and KRW 300,000,000,000,000 to 25 members of the male clan.

C. On August 1, 2011, the plaintiffs following the lawsuit regarding the validity of the resolution of this case asserted that "the resolution of this case by the defendant clan is null and void because only the male members receive the shares of this case, and it is a discrimination against the female members, since it is null and void," and as the Seosan Branch of the Daejeon District Court No. 2011Ga1759 against the defendant clan.

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