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(영문) 청주지방법원영동지원 2014.01.17 2013가단651
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 6, 3, 3, Eul evidence Nos. 3-1, 2, 4, 5, 7, and 8, and the witness I's testimony as a whole.

Plaintiff

A is the chairperson of JJ (hereinafter referred to as "the clan of this case"), the deceased shall be the secretary of the clan of this case, and the plaintiff C, D, E, and F shall be the heir of the plaintiff C, D, E, and F who died on February 6, 2013.

Defendant G is a person who serves as the president of the instant clan from September 16, 2001 to September 2, 2007, and Defendant H is a member of the instant clan.

B. Defendant G, who is the president of the instant clan, promoted the establishment of a charnel for the purpose of gathering the group members of the clan.

Although Defendant G’s leading decided to build a charnel on the land of the Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “K”) on the ground, the plan was changed to build a charnel house on the L land.

C. On September 2, 2007, the issue of the establishment of the clan of this case was discussed at the clan general meeting, and the defendant G resigned from the position of the president of the clan of this case and went to the conference room.

After that, there is a conflict between the plaintiff A and the deceased B and the defendants on the problem of building a charnel house.

Since then, the opinions were made to build a charnel house on L's land, and a charnel house was constructed on July 26, 2009.

E. Meanwhile, Defendant G supported Defendant G’s KRW 6,00,00 and Defendant B’s KRW 3,00,000 for the construction of a charnel at the time when Defendant G was the president of the instant clan. However, unlike that the Defendants supported, the Defendants were to construct a charnel house on L, and subsequently, were to demand the return of the above clans and received the return of it.

2. Determination on the main claim

A. The gist of the plaintiffs' assertion 1 Defendant G lies in Defendant H, a grandchild, and threatens Plaintiff A and his network B.

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