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(영문) 대전지방법원홍성지원 2014.10.01 2013가단7554
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on the defense prior to the merits

A. Defendant B’s assertion that Defendant B was convened on September 29, 2013 when ratification of the resolution adopted at the extraordinary general meeting of July 7, 2013 and the said extraordinary general meeting of September 29, 2013, which elected C as the Plaintiff’s representative, and that the extraordinary general meeting of July 13, 2014, which thereafter selected C as the Plaintiff’s representative, was held without a notice of convening some of the members. The above general meeting was held without a notice of convening the general meeting of July 13, 2014. Since there were significant defects in the convocation procedure, the above general meeting is invalid for the resolution that elected C as the president. Thus, the Plaintiff’s lawsuit of this case is unlawful as it is by a person without the power of representation.

B. (1) Determination (1) The representative of a clan which judged on July 7, 2013 and the special meeting of September 29, 2013 shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the door shall call up and elect an adult or older person among the members of the clan, and if there is no rules or practices on appointment, it is common customs to notify the members of the clan who have been in existence and resided in the country as the head of the clan or the head of the door and to convene the general meeting and to appoint a representative of the clan at that meeting, who is obvious that he/she has been residing in the country as the head of the clan or the head of the door and

(See Supreme Court Decision 2009Da26596 Decided December 9, 2010, etc.). Comprehensively taking into account the health care account of the instant case, the Plaintiff’s evidence Nos. 3-1, 5-6, 6-3, 4-4, and 5-4 of the evidence Nos. 3-1, 5-3, and 5-4 of the evidence Nos. 4, and the overall purport of the pleadings in witness E’s testimony, ① the Plaintiff’s death as the president of the existing committee, and the Plaintiff’s name was vacant, the Plaintiff’s religious cause G convened each of the above special meetings, and there was a resolution to elect C as the representative of the Plaintiff at each of the above special meetings, ② there was no provision concerning the duty of a representative publicly notified at the time, and ③ the above fact that the rules of the Plaintiff’

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