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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff entered into a sales contract with the Plaintiff, the representative of the Defendant clan on February 12, 2015, purchasing KRW 101,00,000 (hereinafter “instant sales contract”); the Plaintiff, on the date of the contract, remitted the down payment of KRW 30,000 to the Defendant on February 29, 2016; and the fact that the Plaintiff remitted the remainder payment of KRW 71,00,000 to the Defendant on February 29, 2016, is recognized by each entry in the evidence No. 2 and 3 (including the provisional number; hereinafter the same). Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant forest on February 12, 2015 to the Plaintiff.
2. Judgment on the defendant's defense
A. The defendant's defense as to the right of representation of the defendant, on January 21, 2015, dismissed from office as the chairperson of the defendant clan as of January 21, 2015, and was not the chairperson of the defendant clan at the time of the instant sales contract, and thus, the instant sales contract was concluded by a person who is not a legitimate representative.
According to the statement in Eul evidence No. 1, on January 21, 2015, it is recognized that the Disciplinary Committee of the defendant clan was resolved to dismiss Eul from office as the chairperson. Meanwhile, according to the written evidence No. 5 and the purport of the whole arguments, E claimed that the above dismissal resolution of the defendant clan is null and void and applied for the suspension of the effect of dismissal as the Seoul Eastern District Court 2015Kahap111. In the above provisional disposition case, the court did not explicitly delegate the authority to dismiss the chairperson to the clan's operating rules to the Standing Committee, so it infringes on the continuity and stability of the clan's duties against the intention of the general meeting of the clan, so that the court can dismiss the chairperson who was appointed only by the resolution of the Standing Committee, which is the highest resolution body of the defendant clan, can dismiss him by the resolution of the Standing Committee.