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(영문) 창원지방법원 2020.11.13 2019나58473
소유권이전등기
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The remaining Defendants, other than the Defendants’ assertion L Cooperatives, asserted that M is not entitled to represent the Plaintiff.

B. In order for the resolution of the general meeting of a clan to be valid, the resolution of the relevant legal doctrine and the general meeting is required to be convened by a legitimate convening authority, so if not convened by a legitimate convening authority, the resolution of the general meeting is not valid

(see, e.g., Supreme Court Decision 92Da34124, Nov. 27, 1992). A notification of convening a clan general meeting shall be complied with if there are rules or practices regarding a notification of convening a clan general meeting, and a person who is the highest, and the lowest, among all the members of a clan who are alive, has the authority to convene a general meeting as a door (see, e.g., Supreme Court Decision 2010Da78258, Apr. 28, 201). In addition, there is no reason to exclude women in determining a person who has the right to convene a clan general meeting held to appoint a representative, and there is no reason to exclude women in determining a person who has the right to convene a clan general meeting, and therefore, a person who is the highest, among all all the members of a clan including women, and who is the largest, becomes an dependent.

However, it is sufficient to identify the life and death of a member of the coastal service who is determined in accordance with the data such as a family report, but there are cases where the life and death of the member of the coastal service is unknown or where the contact is not made. Therefore, it is sufficient to specify the person who has a duty to call a clan general meeting to the extent possible to contact by identifying the method recognized as possible by social norms.

(see, e.g., Supreme Court Decision 2009Da26596, Dec. 9, 2010). In order to hold a clan general meeting, the convening authority shall individually call for convocation to the clan members who are able to give notice because they have resided in the Republic of Korea after determining the scope of the clan members who are subject to notification by making a reasonable effort and grasping the location of the clan members.

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