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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for modification and addition as follows. Thus, this is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act.
4 4. The following shall be added to the 9th page:
“2. Whether the lawsuit of this case is legitimate or not, in order for the plaintiff clan to file the lawsuit of this case, the defendant C shall undergo a legitimate resolution at the general meeting of the clan, which does not have gender distinction, and the lawsuit of this case was unlawful since it did not go through such procedures. The lawsuit of this case seeking the registration of ownership transfer of each real estate listed in the separate sheet, which was the property of the plaintiff clan, and the cancellation of registration of establishment establishment of neighboring facilities, against the defendants constitutes collective ownership preservation of property, and thus the lawsuit of this case requires the legitimate resolution at the general meeting of the plaintiff clan (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). The general meeting of the plaintiff clans shall be composed of officers and operating members (Article 14). The meeting shall be convened with the majority of the incumbent members, and with the consent of a majority of the members present, and the matters concerning the acquisition and disposal of property shall be decided with the consent of at least 2/3 of the members present (Article 17).)
Since the lawsuit of this case is lawful, the above argument by the above defendant is without merit.
Plaintiff
On March 12, 2015, a clan held a general meeting on March 12, 2015, and passed a resolution on the institution of the instant lawsuit at the unanimous meeting in the presence of 18 executive officers and operating members, and 59 members of the general meeting.