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1. Of the instant lawsuit, the part concerning the claim for perusal and copying of each of the documents listed in the separate sheet Nos. 1 through 9, and 11.
Reasons
1. The assertion and judgment
A. On June 27, 2017, the Plaintiff’s assertion that the Defendant clan sold the land owned by the clan, which is the land owned by the clan, 1,995 square meters, and 2,968 square meters (hereinafter “instant land”).
Since the executives of the defendant clan set up a real estate management committee at the general meeting of 2016 and granted the above committee the right to sell the land owned by the clan, it is legitimate to sell the land of this case by the above committee.
Recognizing that “the minutes of the ordinary meeting will be disclosed in 2016.”
However, the defendant's clan does not disclose the minutes of the general meeting, and continues to attempt to sell the land owned by the clans even after the fact.
The plaintiff needs to peruse and copy each document in the attached list in order to verify whether the members of the defendant clan have properly disposed of the land owned by the clan as a member of the clan.
Therefore, the defendant clan is obligated to allow the plaintiff to peruse and copy each document listed in the separate sheet, and if the defendant violates his duty, he is obligated to pay KRW 300,000 per day of the violation.
B. (1) There is no legal provision that grants a clan member the right to peruse and copy the documents of a clan to the members of the clan who are allowed to peruse and copy the documents of the clan, and this is also the same as the rules of the defendant clan (No. 2).
However, the properties owned by a clan are collectively owned by members of a clan, and its disposal shall be in accordance with the rules of the clan (Supreme Court Decision 91Da18965 delivered on April 24, 1992), and the rules of the defendant clan (No. 2) prescribe the disposal of the properties owned by the clan as the general assembly resolution.
The plaintiff has the authority to peruse and copy the minutes, etc. of the general meeting that can judge the legality of disposing of the property owned by a clan as the collective ownership right holder of a clan and the members of a general meeting.