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(영문) 인천지방법원 2011.10.11 2010나14148
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant clans of the defendant clan are the R (28 descendants of the Si S) and the clans consisting of adult females among the seven descendants of U who are the 7th lineal descendants of T.

B. The rules of the defendant clan were enacted and enforced on July 1, 1989, and was amended on July 19, 2008, and the main contents of the amended rules of the clan (hereinafter “instant rules”) are as follows.

On the other hand, the rules of the defendant clan amended on July 19, 2008 provide that when disposing of the real estate, etc. of the clan, the rules of the defendant clan shall have the effect of the disposition only after obtaining approval of the board of representatives prior to the conclusion of the contract and the approval of the general meeting.

Article 8 (Duties and Responsibilities of Organizations and Officers) (1) Similars shall be planned, executed, and managed by the affairs of the clan, manage and dispose of the assets of the clan, and preside over the general assembly and the council of delegates, and represent the clans.

(3) The general meeting shall deliberate and resolve on the approval of the business plan of the clan, approval of the budget and settlement of accounts of revenue and expenditure, rejection of a resolution of the board of representatives concerning the disposal of real estate or real estate, amendment of the bylaws, similar matters referred to it, and other matters proposed by the clan members.

Provided, That a resolution of rejection against a resolution of the board of representatives on the disposal of real estate or rights to real estate may be made only before a contract on the disposal of such real estate is concluded.

(4) The board of representatives shall deliberate and resolve on the draft business plan, draft budget and draft settlement of revenue and expenditure, draft agreement on the management and disposal of real estate or rights to real estate, draft amendment of regulations, matters delegated by the general meeting, and other similar and matters referred by representatives.

Article 20 (Disposal of Real Estate) The disposal of real estate or rights to real estate shall be conducted with prior consent of not less than 2/3 of the total number of members of the board of representatives and by a resolution of not less than 2/3 of the members present at the meeting.

The board of representatives shall have real property.

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