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(영문) 수원지방법원평택지원 2015.07.03 2012가합4390
종중총회결의무효확인
Text

1. Of the instant lawsuit, the part of the claim for nullification of the resolution of the clan Officers’ Meeting dated June 12, 2012 is dismissed.

2. The plaintiffs.

Reasons

1. Basic facts

A. A. A around August 10, 1994, among the clan members of D's four descendants who are the members of D's D's four clans, who reside in the clans of his descendants, the clans of the same name as the above clans and form the defendant clans of the same name as the above clans and set up the clans "E after the clans" and set up the clan rules that put their offices into "F" (hereinafter referred to as the "G's clan rules of August 10, 1994"), and around that time, the clans registered "G" as their representative.

The plaintiffs are the clan members of the defendant clan.

B. On the grounds that the trust was terminated on December 14, 1994 with respect to the area of 11,292 square meters prior to H on March 25, 1995 and I road of 178 square meters prior to H on December 14, 1994, the transfer registration of ownership in the name of JJ on May 26, 1995 with respect to each of the above real estates of 413 square meters (hereinafter collectively referred to as “each of the above real estate”) was made on March 10, 1975, each of the “C species” was entered into on the register, “K”, “Y”, and “G” as the registration number of a clan, “Y” ( currently changed to the administrative district, “F”)”, and “G” as the representative.

C. M filed a lawsuit against Class C (Representative G) seeking the cancellation of ownership transfer registration on the ground that the registration of ownership transfer on the above H and I land is null and void. On March 18, 2005, M was sentenced to a judgment against the Plaintiff at the first instance court on March 18, 2005. Although it appealed against the above judgment, but all appeals were dismissed, the judgment of the first instance court became final and conclusive on May 17, 2006.

M A. On January 6, 2011, M held an extraordinary general meeting of CJ and resolved to change the address of a clan from “F” to “M” from “F” to “F” among the indications of registration of each real estate of this case in the above extraordinary general meeting. On January 7, 2011, M changed the representative of a clan on the registry to “M” and “N” with respect to each real estate of this case on January 7, 2011.

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