(영문) 대전고등법원 2016.12.15 2016나10641

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(영문) 대전고등법원 2016.12.15 2016나10641

소유권이전등기

Text

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

2. The costs of appeal shall be borne by PP.

purport, purport, and.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part to be changed or added as set forth in the following paragraph (2). Thus, the relevant description shall be quoted pursuant to the main sentence of Article 420 of the

2. Parts to be altered or added;

A. The “each of the instant real estates” of five lines from the two pages of the judgment of the court of first instance is replaced by “each of the instant real estates owned by the Defendants”.

B. Following the third 7 pages of the judgment of the court of first instance, the following part of Paragraph 1 is added to the Plaintiff’s additional assertion. The following part of Paragraph 2 is added to the judgment on the said additional assertion following the sixth 7 pages of the judgment of the court of first instance.

1) The Plaintiff’s additional assertion was convened on April 2, 201 by holding a general meeting of April 2, 2016 and ratified the filing of the instant lawsuit and the litigation in the instant lawsuit. 2) The Plaintiff’s general meeting of April 2, 2016 was convened by a person with legitimate authority.

It is difficult to see that the above resolution has no validity. (i) Whether a clan is convened by an authorized person, if there exists any rules or special custom, the representative of a clan shall be elected accordingly, and if there is no such rules or custom, it shall be elected by convening the head of the clan or the head of the door who has attained majority among the members of the clan and shall be elected by a majority of the members present at the meeting; and if there is no clan or the head of the door in the ordinary custom and there is no such rules or custom as to the appointment of the head of the clan or the head of the door, and if there is no such rules or custom as to the appointment of the head of the clan or the head of the door, it is common custom in Korea that

A person who has a qualification for the head of the Gu or the head of the Gu, has not directly convened a general meeting.

Even if a member consents to the convening of a clan, if he/she has a member of the clan convenes the clan, he/she shall convene the clan.

참조조문

-민사소송법 제420조

유사 판례

-서울북부지방법원 2016.12.20 2016나31433

-대법원 1983. 7. 26. 선고 80다3106 판결

-춘천지방법원강릉지원 2019.12.10 2019나30751

-창원지방법원 2012.01.12 2011가단4110

-대법원 1987. 6. 23. 선고 86다카2654 판결