logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.16 2017가단1146
소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Whether the lawsuit of this case is lawful (the judgment of the defendant on the defense prior to the merits of this case)

A. Since the property owned by a clan belongs to the collective ownership of the members of the clan, the management and disposition of the clan shall first be governed by the regulations of the clan, if any, and the resolution of the general meeting of the clan shall be adopted unless there is a rules of the clan concerning such management and disposition (see, e.g., Supreme Court Decision 2000Da22881, Oct. 27, 200). The provisions of Article 265 of the Civil Act concerning the preservation of the property jointly owned cannot be applied to the preservation of the property, and unless there are special circumstances, the resolution of the general meeting of the clan shall be passed pursuant to Article 276 (1) of the Civil Act, unless there are special circumstances. Thus, even where a clan which is not a juristic person,

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010, etc.). B.

The articles of incorporation (No. 1) of the plaintiff clan shall have a representative general meeting comprised of not more than five representatives elected at the ordinary meeting after the recommendation of each letter from a deliberative organ, and the representative general meeting shall deal with the matters concerning the business plan, matters concerning the budget and settlement of accounts, matters concerning the acquisition and disposition of property, and matters concerning the amendment and modification of the rules of the association.

(Article 10 and Article 16) The lawsuit of this case is provided for in Article 10 and Article 16, and it is deemed that the lawsuit of this case constitutes the management or preservation of the property owned by the plaintiff clan members, and therefore, it requires a resolution of the general meeting of the

I would like to say.

It is insufficient to recognize that there was a resolution of the legitimate general meeting of representatives of the Plaintiff clan with respect to the filing of the instant lawsuit by only the statement of No. 4

(2) The plaintiff's clans did not prove additional proof as to the defenses before the main body that it is difficult for the defendant to view that there was a resolution of the general meeting of delegates.

arrow