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(영문) 광주지방법원 2014.11.06 2014가합576
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The title of ownership and inheritance relationship of the instant land (1) was divided into 6,162 of the Nam-gu, Nam-gu, Gwangju, Gwangju, (hereinafter “instant land”) and the ownership transfer registration was completed on March 24, 1915 under the name of O (Supplementary P) 60 grandchildren on March 24, 1915. On February 24, 1928, NC 60 grandchildren, Q, 59 grandchildren, and 60 grandchildren, for sale on the same day.

(2) As Q’s shares in the instant land died on September 19, 1956, Q was inherited solely to Q Q’s South-North net T, and upon the death of Q on April 27, 1940, T was succeeded solely to the deceased on April 27, 1940, and U was deceased on January 3, 199, and U was succeeded respectively to Defendant C, D, E, F, and G, who are U’s spouse and U’s children.

(3) As the R died on June 9, 1940, the shares of the instant land were inherited solely to V, who is the south of R, and as V died on November 18, 1998, Defendant H, I, J, and K, who is his children.

(4) Of the instant land, S’s share was solely inherited to WT, the South-North of S, as S died on December 9, 1979, and W was dead on September 16, 200, respectively inherited to Y, Z, AA, AB, and Defendant L, the children of W’s spouse.

B. The Plaintiff’s representative election (1) at the general meeting of April 1, 2007, elected AC as the Plaintiff’s president. After that, at the meeting of October 20, 2007, the Plaintiff enacted the Plaintiff’s meeting rules.

(2) However, when a problem arises with regard to the defect in the convening process of each of the above general meetings, AC and AD sent a notice of convening a general meeting to 236 of the Plaintiff clan members on March 14, 201, jointly with the Plaintiff clan members on March 14, 201, hold a general meeting on March 27, 201 and the above general meeting ratified the resolution of each of the above general meetings on April 1, 2007 and October 20, 2007, and again elected AC as the chairperson of the Plaintiff.

(3) However, as a matter of course of convening the General Meeting of March 27, 2011, a problem was raised against the foregoing defect, AD jointly with AC, AE, and AF, 274 out of 500 members of the Plaintiff clan.

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