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(영문) 서울중앙지방법원 2017.12.20 2016나74769
근저당권설정등기말소 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by B.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. From among the plaintiff's arguments, among the plaintiff's clan members G (n, H, and H) and the plaintiff's clan members, I entrusted F with convening a clan general meeting after the first instance court's decision. This F prepared a list of members based on the family register issued in 2008 and confirmed contact details, around January 24, 2017, notified 236 members who can identify contact numbers of 290 members among the plaintiff's clan members among the plaintiff's clan members. On February 6, 2017, the public notice of convening a general meeting general meeting is given to K Press on February 11, 2017, and the lawsuit of this case is lawful because the plaintiff's members present at the extraordinary general meeting of the plaintiff's species B (direct 46, 433 members present at the representative meeting) during the first instance court's decision. Thus, the lawsuit of this case is lawful.

The plaintiff among the plaintiff's species submitted to this court on April 13, 2017 2-A of the preparatory documents submitted to this court.

In the claim, B, who filed the instant lawsuit on February 11, 2017, withdrawn all arguments in the first instance trial on the process of being elected as the president of the Plaintiff in the extraordinary general meeting of February 11, 2017, and confirmed the existing procedural acts with the authority to receive the instant case’s trial.

B. The overall legal order of our country whose highest standard of judgment is the Constitution is to guarantee a family life on the basis of individual dignity and gender equality, there is no discrimination between men and women in substantive rights and duties within the family, and changes in the direction of eliminating discrimination against women and realizing gender equality in all areas, such as politics, economy, society, culture, etc., and in the future, such principle of gender equality will be more strengthened and the descendants who share the same results with the common good after the en banc Decision 2002Da1178 Decided July 21, 2005 are sentenced.

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