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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The plaintiff is a clan (hereinafter referred to as the "Plaintiff clan") that is a joint set of K 11-year-old L's 4-year-old L's 11-year-old L, and the defendant is the clan of the plaintiff clan.
B. On March 16, 1995, the Plaintiff completed registration of preservation of ownership on the instant land.
C. At the time of June 20, 2013, the Defendant: (a) prepared a real estate sales contract with the purport that the Defendant purchased the instant land from the Plaintiff’s clan for KRW 10,300,000; and (b) completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) based on the purchase on June 20, 2013 (hereinafter “the instant purchase”) with respect to the instant land by Suwon District Court No. 22734, Jul. 16, 2013.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence Nos. 1, 5, 7, 9 (including each number, if any) and the purport of the whole pleadings
2. Determination on this safety defense
A. The Plaintiff’s resolution on the extraordinary general meeting of December 20, 2015, which elected G as the president on the gist of the Defendant’s defense, is null and void. Since the minutes related to the said extraordinary meeting and the signature book of the attending person were forged, the instant lawsuit filed by G on behalf of the Plaintiff is unlawful as it is by a person without the power of representation.
B. Comprehensively taking account of the overall purport of the arguments in the statements Nos. 3, 10, and Eul evidence Nos. 10 (including each number), the Plaintiff: (a) held an extraordinary general meeting on December 20, 2015 and elected G as the president; (b) filed a lawsuit seeking confirmation of invalidity of the resolution of the said extraordinary general meeting that D appointed as the president on May 30, 2018; and (c) filed a lawsuit seeking confirmation of invalidity of the said resolution of the extraordinary general meeting on May 30, 2018; and (c) filed by the Plaintiff to recognize the fact that the said case is pending in the appellate court.
On August 18, 2018, the Plaintiff again elected G as the representative of the Plaintiff, and then ratified the instant litigation.