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(영문) 서울고등법원 2015.10.22 2012재나723
손해배상(기)
Text

1. The part concerning the principal claim among the judgment subject to a retrial shall be revoked.

2. The plaintiff (Counterclaim defendant and retrial defendant).

Reasons

1. Confirmation of basic facts and the judgment subject to a retrial

A. On June 14, 1980, the defendant special general meeting of the defendant, as the 19th descendant of C CC, was composed of three members of Gmp, Hmp and Imp according to the residential area, which was composed of three members of Gmp, Hmp and Imp according to the region in which he was residing. On June 14, 1980, the above three members participated in the special meeting and elected Imp from among all members of the above three branch members, the name of the clan was determined as "AJ group", and the name of the clan was determined as "AJ group", while the defendant enacted the clan rules, such as restricting the qualification of the members of the clan as " adults who are independent members of the independent household", while the defendant was originally registered in trust with the members of the clan, but decided to find the property arbitrarily disposed of after the trust with the members of the clan.

B. According to the instant compensation agreement (1) the Defendant filed a lawsuit to recover five parcels of land including the land indicated in the attached Table No. 12 and the land indicated in the attached Table No. 12 of Guro-gu Seoul Special District Court at the time of September 15, 1980, in order to recover the land, etc. before the instant partition, the Defendant was determined to appoint the Plaintiff as the Defendant as the Defendant’s special agent in the litigation seeking ownership transfer registration filed against the title trustee of the said land, etc., and the Plaintiff made efforts to recover the Defendant’s property by appointing the legal representative at his own expense in the lawsuit claiming ownership transfer registration against the title trustee of the said land, etc., or by directly conducting the litigation as the Defendant’s special agent.

(2) Among them, the Defendant held an extraordinary general meeting on April 7, 1985 and delegated the board of directors with respect to the specific measures to compensate for the Plaintiff’s above property contribution and effort. Accordingly, the Defendant’s meeting held on July 26, 1986, which held on July 26, 1986, decided to transfer 3/10 of the property restored to the Plaintiff’s name as the Defendant’s compensation to the Plaintiff.

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