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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2016.06.22 2014나7233
소유권이전등기말소
Text

The plaintiff's acceptance intervenor A, Inc., and the defendant B's acceptance intervenor, Inc. shall be transferred to the Gwangju New Housing Co., Ltd.

Reasons

The reasons why a party member who cited the judgment of the court of first instance is required to explain this case are as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for adding the following judgments to the pertinent part.

Additional Determinations

A. The Plaintiff’s argument is that the Plaintiff’s argument concerns the Plaintiff’s representative of the AI clan (hereinafter “Plaintiff clan”). However, even if the general assembly of October 3, 2012 (hereinafter “Plaintiffs”) of the Plaintiff, which took place as the Plaintiff in this case, has no validity due to its illegality, the Plaintiff’s lawsuit is lawful on the grounds that the Plaintiff’s lawsuit satisfies the requirements for lawsuit.

B. The defendants and the defendant Gap-B's defenses 1) the general assembly of October 3, 2014 (hereinafter "general assembly of this case") of the plaintiff clans of the plaintiff clans (hereinafter "the general assembly of this case")

A) A resolution to select M as the Chairperson was passed, but the above general meeting is not convened by a legitimate convening authority, and thus is null and void due to a serious defect in the convening procedure. As such, ① M elected at the above general meeting is not the representative of the Plaintiff clan, but ② The above general meeting does not have the validity of the resolution to accept the instant lawsuit, and thus, the instant lawsuit is unlawful. (ii) As such, the instant lawsuit is not instituted by a legitimate representative, but is not deemed to be a legitimate representative, and thus, M corrected

(c) The facts of recognition 1) The plaintiff clan is composed of lineal descendants of the clan consisting of five years of age AO as a joint group; the president, who is the representative of the plaintiff clan enacted on October 10, 1995, shall be elected by the general meeting; the president, who is the representative of the plaintiff clan enacted on October 10, 1995, shall be divided into an ordinary meeting and an extraordinary general meeting; the general meeting shall be held on October 3 of each year (the general meeting shall be held at the general meeting, and the extraordinary

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