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(영문) 창원지방법원밀양지원 2015.01.16 2013가합507
예금
Text

1. The Defendant’s KRW 338,695,483 as well as 5% per annum from August 6, 2013 to January 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff in the status of the party is a clan that is comprised of B 13 years of age C (hereinafter "13 years of age C"), and the defendant is a clan that is comprised of B 4 years of age D (hereinafter "4 years of age D") with a focus on B 4 years of age D (hereinafter "4 years of age D").

B. A change in the property relationship and representative of “B” in the name of “B” was owned by each real estate listed in the separate sheet No. 1, and a deposit was held in the separate sheet No. 2, which was formed with compensation for expropriation and farming fees from the real estate owned by it.

(2) From November 15, 2005, Nonparty E, the representative of the above “BJ”, from around the end of 2008, asked Nonparty F, an attorney-at-law, to deal with the legal issues of the clan property around the end of 2008, and transferred to Nonparty F, the attorney-at-law, a copy of the register and register concerning the real estate in the name of “B”, and other property-related documents, including deposit accounts, and minutes.

C. A resolution of the defendant clan (1) was made on December 12, 2008 (111.15) that the defendant clan held the general meeting of the defendant clan in Syang in the name of "B member meeting of the clan", and the above general meeting was adopted with a resolution that "the resignation of the chief of the clan", "F as a new chief of the clan", and "the enactment of a new general rule by changing the name of the clan to the name of "B member of the clan".

(2) On February 24, 2009, F reported to the effect that the president of the Defendant clan received various minutes, annual budgets and settlement of accounts, a certified copy of the register, a certified copy of the register and the register of the land recorded on the clan’s inventory, deposits, etc. from the former president E in the temporary family society.

(3) After March 29, 2009, the name of the clan was determined as the “B members' association” and a resolution was passed to enact the “B members’ association” which provides specific details about the composition, business, executives, meetings, finance, standing funds, books, etc. of the clan. Article 4 of the members’ association newly enacted as above is about the composition of the clan.

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