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(영문) 창원지방법원 2017.08.17 2016가합1410
임시총회 결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The head of the clan 1) Cmp 7 years of age D worked for E and F in the early shipbuilding period. G, the five years of age of D, had been comprised of H, I, J, K, L5 types of clans, and among which H, I, and part of his descendants resided in H, I, and I, for about 40 years before they were 40 years ago, they were residing in the Mamp of Simp of Simp of Simp of Simp of Simp of Simp of Simp of Simp of Simp of Simp of Ha. 2) The descendants of H and I, who were residing in the above Mamp of Simp of Simp of Simp of Gu, have built the above O every year (the first Sundays every year before about 20 years), and formed a similar organization that is similar to the clan (hereinafter “instant similar organization”) under the name of the SH, and had been managed again in the name of part of the real property that was managed under the name of H.

B. The 15 members, including Q, and I, who were descendants of H, and descendants of the clan, shall complete the registration of ownership transfer in the name of the clan for the property of the organization similar to the clan of this case, which was managed as above at the meeting held on January 1, 1994, and around July 1994, the representative was appointed as Q Q Q and according to the name of H H among H and I (hereinafter “Defendant clan”).

2) The descendants of H and I completed the registration of ownership transfer under the name of the defendant clan in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of 38 Parcels among real estate managed around October 1994 (No. 4502, Nov. 30, 1992; hereinafter “former Special Act”). As to the real estate for which the registration of ownership transfer cannot be completed under the name of the defendant clan because it does not fall under the former Special Act, H and I were managed under the name of the defendant clans.

C. Separate registration of the descendants of I clans and the descendants of I in dispute on property rights with the defendant clans are separate from September 194.

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