logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원영동지원 2019.07.17 2019가합49
마을총회(이장선출)결의 부존재 확인등
Text

1. On December 23, 2018, the decision that the Defendant elected C as the Defendant’s representative at the general meeting is invalid.

2...

Reasons

1. Basic facts

A. The Defendant Village Association is a non-corporate body consisting of residents living in the Dacheon-gun, Chungcheongnamcheon-gun, and the Plaintiff is a member of the Defendant Village Association.

B. On November 22, 2011, the Defendant Village Association filed a lawsuit claiming confirmation of ownership against the Republic of Korea on the Cheongju District District Court’s Young-dong Branch 201Gadan2516, stating that “The 6,347 square meters of a cemetery E-gun in Chungcheongbuk-gun is owned by the Defendant Village Association.” The Plaintiff participated in the said lawsuit as the representative of the Defendant Village Association.

On November 16, 2012, the above court rendered a favorable judgment of the defendant Village Association, and the above judgment became final and conclusive as it is.

C. On September 13, 2013, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s future on the grounds of sale as of September 12, 2013.

On July 25, 2016, the defendant Village Association held an extraordinary general meeting on July 25, 2016 and passed a resolution to appoint C as a representative with the consent of 26 members from among 27 members present.

E. On August 17, 2016, the Defendant Village Association filed a lawsuit against the Plaintiff claiming that the Plaintiff excluded the procedures prescribed by the Rules of the Village Association from the Cheongju District Court Branch 2016Kadan4609, and completed the registration of ownership transfer on the said cemetery without paying the purchase price, against which the Plaintiff sought the implementation of the procedures for registration of ownership transfer cancellation.

F. On December 24, 2016, the Defendant Village Association held a general meeting of shareholders and passed a resolution to amend part of the bylaws, such as the quorum for resolution. At the time, the constituent members and total number of members of the Defendant Village Association were 457 households.

G. On September 22, 2017, Cheongju District Court rendered a judgment dismissing the claim of the Defendant Village Association on the ground that the Defendant Village Association was not a legitimate representative of the Defendant Village Association. While Defendant Village Association appealed, Cheongju District Court rendered a judgment dismissing the appeal on April 27, 2018.

(2017Na14681) h.

The defendant Village Association shall be a village resident on December 23, 2018.

arrow