logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2020.07.22 2019가단24370
가등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. Relevant legal principles 1) In a case to which a clan is a party, whether the representative of the clan has legitimate power of representation is related to the requirements for the lawsuit (see, e.g., Supreme Court Decision 95Da5288, May 23, 1995). In light of the fact that the judgment of the principal branch itself is favorable to the plaintiff, the burden of proving the requirements for the lawsuit is the plaintiff (see, e.g., Supreme Court Decision 96Da39301, Jul. 25, 1997). 2) In a case involving a clan's property right, if a clan files a lawsuit without a resolution of the general meeting of the members of the clan, it is unlawful by holding special power

(See Supreme Court Decision 2006Da64573 Decided July 26, 2007). In holding a general meeting, a clan shall, unless there are special circumstances, include all the clans listed in the Sejong’s newsletter, and if there are other clans not listed in the Sejong’s newsletter, it shall be notified individually to the clans who are able to contact with the members after determining the scope of the clans subject to the notification of convening the general meeting, and their location is clearly known (see Supreme Court Decision 95Da44986, Feb. 28, 1997). If the Sejong’s name and location are relatively recent, it is necessary for a clan to make efforts to determine its members and to grasp their location, and if it is impossible, it shall be supported with reasonable grounds, and if the plaintiff did not go through the convocation procedure, the resolution of the general meeting shall be deemed null and void.

B. (See Supreme Court Decision 2000Da17582 delivered on July 6, 2000).

Judgment

In light of the above legal principles, the Plaintiff did not submit a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or a family or family

arrow