logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.15 2015나51600
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. As to each real estate listed in the separate sheet among the defendant B, it shall be as to each real estate listed in the separate sheet.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to Defendant clans and Defendant E’s defense of this safety

A. The rules of defendant clan and the clan A, enacted on March 31, 2004, stipulate its members as the descendants of the Mamba (O). Thus, it cannot be deemed that the plaintiff clan is a clan or a clan similar organization composed of members of the O, Q afterma.

In addition, the clan on November 25, 201, asserting that the plaintiff's clan had passed a resolution to elect the plaintiff's representative as the representative of the plaintiff's clan and to file the lawsuit of this case, the clan general meeting was not convened by the convening authority of the special general meeting, and ② Family V needed not to convene the special meeting because it is not recognized as the representative authority of the family V.

Even if a legitimate colon is X but X, a clan general meeting convened on the premise that Y, not X, is a colon, and ③ the notification of convening a clan general meeting was not given to some of the members of the clan claimed by the Plaintiff, and did not meet the quorum stipulated in Article 75 of the Civil Act, which provides for a majority of all the members present and a resolution of the majority of the members present. Therefore, it is unlawful.

Therefore, G elected by the above clan does not constitute a legitimate representative of the plaintiff clan, and the lawsuit of this case filed by a person who is not a legitimate representative is unlawful.

B. 1) Determination 1) The unique meaning of the Plaintiff’s clan is naturally established without requiring any special organization for its establishment. Determination of whether it constitutes a clan should be made by comprehensively taking into account the purpose of the clan, the circumstances leading up to its establishment and organization, the scope and qualification standards of its members, and the contents of the clan regulations. The unique meaning of the clan is naturally formed after its establishment.

arrow