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(영문) 전주지방법원정읍지원 2016.09.28 2015가합2428
종중결의무효확인 등의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Registration of change in the indication of a registered titleholder with respect to real estate stated in the attached list 1) real estate listed in the attached list (hereinafter “instant real estate”).

(A) The title holder of a clan shall be the clan whose original name was registered as the title holder of the real estate of this case (hereinafter referred to as the “instant clan”).

(2) On March 9, 2015, the name of the nominal holder was registered as “B” and the principal office was changed as “Seoul Jongno-gu E apartment, 101 Dong 502,” and the name of the registered titleholder whose representative was changed to “F” as of March 24, 2015. However, on the instant real estate as of June 9, 2015, the name of the nominal holder was changed to “B”; the principal office was changed to “Seoul Chang Chang-gun, 101 Dong 502; and each change to the name of the registered titleholder was changed to “H”; the name of the title holder was changed to “B”; the principal office was changed to “Seoul Chang-gun, 104, and 8306.

(hereinafter referred to as “the modification registration of each indication of this case”). (b)

I's family reports and plaintiffs' status 1) I is 17 years old by J. K, L, and M are children of K. 2) N is K.O and D are children of L (19 years old), F is D's children (20 years old), F is the representative of the plaintiff(20 years old), and H is the representative of the defendant as 1's lineal descendant(22 years old).

3) The plaintiff is a clan or a similar organization unique to the clan created by the deceased D, and the defendant is a clan that has the deceased I created the deceased I. [No dispute over the grounds for recognition, Gap evidence 2, Eul evidence 2, and the purport of the whole arguments and arguments.

2. Claims and issues

A. The plaintiff asserted that the plaintiff is the original owner of the real estate of this case under the premise that the plaintiff is an organization similar to a clan or a similar organization of the same clan, and without going through legitimate procedures, such as convening a general assembly by the convening authority, the plaintiff changes the owner of the real estate of this case to the defendant who is not recognized as identical to the plaintiff.

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