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(영문) 전주지방법원 2016.08.17 2014가합5752
부당이득금
Text

1. Defendant B’s KRW 137,853,080 as well as 5% per annum from August 23, 2011 to August 17, 2016 to the Plaintiff.

Reasons

Judgment on the defenses before the merits of the Defendant Jin-gun

A. The assertion by the defendant's clan in the defendant's clan was made on December 12, 1994 that the plaintiff (1) appointed the plaintiff as the representative of C and decided to change the name of the clan from among D, and (2) the defendant's resolution of ratification on the resolution of the special meeting of June 28, 2014 that decided to institute a lawsuit of the same contents as the instant lawsuit against the defendants on June 28, 2014, the general meeting of the defendant's clan did not accurately calculate the registered number of the plaintiff's clans, and it was held without a notification of convocation on the ground that among the calculated 277 members of the clans, contact numbers of the 76 members in Korea were collected.

Therefore, C, for which the resolution to appoint a representative has been ratified by the above clan, cannot be deemed a legitimate representative of the Plaintiff clan, and the lawsuit of this case is unlawful, since there is no resolution of the clan general meeting on the filing of the lawsuit of this case

B. Determination 1) Even if there is a defect in the procedures for convening a related legal doctrine and it is impossible to recognize its validity, it shall be valid from the beginning if ratification is made by the clan general meeting duly convened after the resolution (see, e.g., Supreme Court Decision 94Da53563, Jun. 16, 1995). 2) The Plaintiff clan held an extraordinary general meeting on June 28, 2014 and held an extraordinary general meeting and held 4,367 square meters in Jeonbuk-gun, Jeonbuk-gun, Ma367 square meters (hereinafter “the instant forest”).

(B) On November 10, 2014, after the filing of the instant case, C decided to file a lawsuit against the Defendants for the recovery of compensation for losses to the Defendant, and around November 10, 2014, C notified 189 members of the clan who can contact with convening an extraordinary general meeting of the Plaintiff’s clan to hold an extraordinary general meeting on December 12, 1994 and pass a resolution to appoint C as its representative, and “the ratification of the resolution of the extraordinary general meeting held on June 28, 2014.”

C. The plaintiff clan held an extraordinary general meeting on December 13, 2014, and held 12 clan members present and 177 clan members present the power of attorney as representative C at the extraordinary general meeting of December 12, 1994.

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