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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Each real estate listed in the attached list of the plaintiff's assertion was registered in title by the plaintiff clan on June 17, 1931, and thereafter, was registered in title with G, H, I, and J on February 17, 1995. The plaintiff clan terminated the title trust agreement as a duplicate of the complaint of this case and sought the implementation of the procedure for ownership transfer registration of each of the above real estate.
2. Whether the lawsuit of this case is legitimate or not, the resolution of a legitimate general meeting is required in order for the plaintiff's clan to file a lawsuit concerning the property. The clan General Meeting of April 6, 2013 for the institution of this case was prepared with the purport that the lawsuit of this case was unlawful, inasmuch as the defendant B was selected and appointed as a director, even though the defendant B did not receive a notice of convening a general meeting or attend a general meeting, and thus
The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of a general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, in cases where a clan which is not a juristic person conducts a lawsuit as preservation of property jointly owned by a clan which is an unincorporated association, it shall undergo
(See Supreme Court Decision 2009Da83650 Decided February 11, 2010). In addition, a clan general meeting shall have no effect on the resolution of a clan general meeting held without a notification for convening a clan meeting, holding a meeting, discussion, and resolution, by individually giving notice to all the clan members who are able to participate in the meeting, by determining the scope of the clan members subject to notification for convening a family meeting, and by individually giving notice to all the clan members who have resided in Korea because their whereabouts are clear, unless there are special circumstances.
(see, e.g., Supreme Court Decisions 2007Da34982, Sept. 6, 2007; 2009Da26367, Dec. 24, 2009). With respect to the instant case, the statement of health class A and evidence No. 8 are alone made by the Plaintiff.