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(영문) 대구지방법원 김천지원 2018.04.13 2017가합15211
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant Am (hereinafter “Defendant Am”) is a clan that is comprised of NC 20 years old and China.

P, Q, R, S, T, U, and V were included in P, Q, R, T, and Q descendants. P, and R are mainly residing in Gyeongbuk-gun and Daegu, while Q descendants are mainly residing in Gu and Gu.

(T, U, and V do not have their descendants and their descendants are not identified). Wmmmm (hereinafter referred to as “non-permanent clan”) is a clan of which Q Q was set up in the middle of Korea.

B. The land of this case was assessed under the name of Y, and around 1981, the land of this case was completed the co-ownership share registration by Q descendants and AA (Defendant B and Dong name).

The non-party clan held a general meeting on February 20, 1994 to appoint AB as the president, and completed the registration of ownership transfer on the forest of this case on June 12, 1996.

C. On September 30, 2013, Defendant B, who was similar to the non-party clan, sent to the non-party clan some of the non-party clan members, the “date: AD restaurant in the name of the non-party clan on October 6, 2013; the agenda: the amendment of the bylaws and the disposal of property of the Gu and the case of the election of the executive officers.”

On October 6, 2013, according to the notice of the call, 20 members of the non-party clan, 20 members of the non-party clan, 9 descendants, 13 descendants, and 42 members attended the general meeting (hereinafter “the first general meeting”).

At the above general meeting, the name of the clan was changed from the "Wmm (name of the clan)" to the "Am (name of the clan)", and the defendant Eul as the chairperson, and the defendant C as the vice-chairperson, defendant D, E, F, G, H, I as a director, defendant J and K as auditors, and the defendant L as the general secretary.

On December 8, 2013, Defendant B held an extraordinary general meeting of the Defendant clan (hereinafter referred to as “second general meeting”) and 26 members of the Defendant clan present at the above general meeting shall exchange the forest land of this case with each real estate listed in the AE [Attachment] list (hereinafter referred to as “instant commercial building”) and any taxes and expenses incurred therefrom shall be the commercial building of this case.

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