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(영문) 수원지방법원성남지원 2014.06.26 2012가합10887
토지인도 등
Text

1. The defendant is among the real estate listed in the attached Table 1 list to the plaintiff.

(a)each point of 40, 41, 42, 43, and 40 of the Appendix 2.

Reasons

1. Basic facts

A. The plaintiff is a clan that made the 18-year-old hand F, the descendants of 13 years of age from among the descendants of "D", the Si of "D," and has registered the preservation of ownership of each real estate listed in the separate sheet No. 1 (hereinafter "the real estate of this case") around June 22, 1965, and owns it until now.

B. On October 31, 191, part of the descendants of G, the son’s descendants of E and the dynamics of “E” (Hmph, Imph, Jmph, etc.) among the descendants of G, including the Plaintiff, established the Emphs Association for the purpose of the burial of the tombstones of joint lines and the memorials, etc. (hereinafter “Emphs Association”), and provided some forests and fields and answers as fundamental property.

C. Meanwhile, the senior citizens centered on the Plaintiff’s religious descendants determined the Plaintiff’s religious history. On December 20, 199, the Plaintiff received the registration number of a clan around December 20, 2009, approved the articles of association by holding an extraordinary general meeting on June 6, 2009, but thereafter, there was a defect in the convocation procedure, such as the discovery of additional clan members, etc., and subsequently, hold a general meeting on January 29, 2012, and elected K as the president. On September 2009, the Cransium formed “E” consisting solely of the descendants of “E” except the descendants of “E”, and L was elected as the president of “C Sejong”.

Around August 15, 2007, the president of the Silvers Association concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the real estate listed in paragraph (1) of the attached Table 1 of the Real Estate List (hereinafter “real estate for lease in this case”) with the Defendant on an annual rent of KRW 15 million, and the period of KRW 60,000,000, without the Plaintiff’s consent or the resolution of the Silvers Association. At the bottom of the contract, the agreement is indicated as the Plaintiff’s representative L.

E. Since that time, the Defendant started to build and operate the facilities, such as the quantitative mooring place in Paragraph 1 of the Disposition on the ground of the instant real estate, as well as the instant leased real estate.

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