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(영문) 인천지방법원 2014.11.07 2014나5593
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall receive KRW 554,800,000 from the plaintiffs at the same time.

Reasons

1. Facts of recognition;

A. The defendant clans of the defendant clan are the R (28 descendants of the Si S) and the clans consisting of adult females among the seven descendants of U who are the 7th lineal descendants of T.

B. The rules of the defendant clan were enacted and enforced on July 1, 1989, and was amended on July 19, 2008. The main contents of the amended rules of the clan (hereinafter “instant rules”) are as follows.

Article 8 (Duties and Responsibilities of Organizations and Officers) (1) Similars shall be planned, executed, and managed by the affairs of the clan, manage and dispose of the assets of the clan, and preside over the general assembly and the council of delegates, and represent the clans.

(3) The general meeting shall deliberate and resolve on the approval of the business plan of the clan, approval of the budget and settlement of accounts of revenue and expenditure, rejection of a resolution of the board of representatives, amendment of the bylaws, similar matters referred to it, and other matters proposed by the members of the clan.

Provided, That a resolution of rejection against a resolution of the board of representatives on the disposal of real estate or rights to real estate may be made only before a contract on the disposal of such real estate is concluded.

(4) The board of representatives shall deliberate and resolve on the draft business plan, draft budget and draft settlement of revenue and expenditure, draft agreement on the management and disposal of real estate or rights to real estate, draft amendment of regulations, matters delegated by the general meeting, and other similar and matters referred by representatives.

Article 14 (Composition and Convocation of Board of Representatives) (1) The board of representatives shall be comprised of similar names and delegates.

(2) The board of representatives shall, if deemed necessary, convene a meeting by at least 1/3 of the total number of members of the clans, if deemed necessary and requested by at least 1/5 of the total number of members of the clans, or at least 1/3 of the total number of members of the clans.

(3) The board of representatives shall mail the fact of convening the meeting and the date and place thereof to all similar persons, and by mail to all the delegates and auditors one day before the meeting is held.

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