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(영문) 대전고등법원 2017.02.09 2016나811
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by AE (AJ).

purport.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is amended or added in paragraph (2) below. Thus, the relevant statement is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be altered or added;

A. The part between 7-12 lines from 3 pages of the judgment of the court of first instance (1) to 12 lines (3) is replaced by the part of the judgment of first instance.

“(1)” means the establishment of the bylaws of the organization, ② the president of the organization, and the president of the financial and general affairs of the organization, respectively, shall be appointed as Defendant E; ③ a resolution was made to register the land specified in paragraph (3) of the attached Table in the attached Table 3 in the name of the above subdivision and to establish a charnel in the name of the above subdivision with respect to the Chungcheongnam-gun AK, and the same military K.

B. The following shall be added to the mark 9 per page 1 of the judgment of the first instance.

"A lack of evidence to deem that the plaintiff's clan member had decided to handle the church affairs of the clan at a regular time every year from the past at a certain place pursuant to the rules or practices of the clans."

C. Following the nine-way line of the judgment of the court of first instance, the following portion of “” shall be added.

The Plaintiff asserts that the Plaintiff ratified the resolution of the general assembly on March 7, 2015, including the filing of the instant lawsuit, at the general assembly on August 20, 2016. According to the evidence No. 19, the Plaintiff’s representative, etc. of the Plaintiff, etc., of the total number of members of the clan 294 (the number of members of the clan 210, the number of members of the clan 84) around 2016 (the number of members of the clan 210, the number of members of the clan 84).

A) Around the beginning of August 2016, the above AA re-written a notice of convening the general meeting of the Plaintiff on August 20, 2016 to 123 of the above 294 persons, by mail, and posted a notice of convening the general meeting of the Plaintiff on August 20, 2016 on the AL Daejeon World War, and 34 of the above 294 persons among the above 294 persons (e.g., 26 men and women, 8 women, were present at the general meeting of August 20, 2016, and 34 persons were represented by the power of attorney to perform all the matters resolved by the above general meeting without any condition.

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