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(영문) 수원지방법원평택지원 2016.06.29 2015가단15103
명의신탁해지를 원인으로한 소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The provisions of Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of related legal principles. Barring special circumstances, barring special circumstances, a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed. Thus, in a case where a clan, which is an unincorporated association, files a lawsuit as preservation of its collective ownership property, it shall undergo a resolution of the general

On the other hand, in holding a general meeting of a clan, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving each person an opportunity to participate in the meeting, because the scope of the members of the clan, which are subject to notification for convocation, has been determined by the clan, etc. and their whereabouts are clearly residing in the Republic of Korea, unless there are special circumstances. Therefore, a resolution at the general meeting of a clan held without

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). B.

The judgment on this case has held an annual ordinary meeting in accordance with the clan rules, and argued that the plaintiff clan has passed a resolution on the institution of this case at the ordinary meeting of 2014 (hereinafter referred to as the "general meeting of this case"). Accordingly, according to the respective descriptions of the plaintiff clans No. 2 and No. 3, according to the plaintiff clans rules of Article 12, the plaintiff clans rules of this case are set forth in Article 12.

2. The general meeting shall be held;

In fact, the general meeting of this case is held on February 23, 2014, and it is recognized that there was a resolution to file the lawsuit of this case. The general meeting of this case is held on a day different from the day stipulated in the regulations. As above, the day of the general meeting of this case was lawfully changed and there is no evidence to recognize that the place of the general meeting of this case was the place stipulated by the regulations or practices, and the plaintiff clan is residing in Korea as to holding the general meeting of this case.

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