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(영문) 청주지방법원충주지원 2012.02.03 2010가합2046
공사금지 등
Text

1. The Defendant (Counterclaim) shall describe the details of the mining right in attached Form 2 on the ground of the land indicated on the project site in attached Table 1.

Reasons

1. The Defendant asserts that the right of representation in a lawsuit is defective, since all of the Plaintiffs, Plaintiffs (Counterclaim Defendant), Plaintiff (Appointed Defendant), Plaintiff (Appointed Defendant), Plaintiff (Appointed Party), and designated parties [the Plaintiffs (Counterclaim Defendant), Plaintiff (Appointed Defendant), Plaintiff (Appointed Party, Counterclaim Defendant), Plaintiff (Appointed Party), and designated parties (hereinafter referred to as “Plaintiffs”) granted their right of representation in a lawsuit to the Plaintiffs’ attorney by their genuine intent.

In full view of each of the statements in Gap evidence Nos. 19 and 20, and Gap evidence No. 23, a considerable number of the plaintiffs appeared in this court and stated that they granted his/her power of attorney by genuine will. The fact-finding document is prepared. The defendant alleged that plaintiff D, Eul, etc. forged the residents' power of attorney and filed a charge of forging the documents and exercising the same events, but the Cheongju District Public Prosecutor's Cheongju Office decided non-guilty charges. The defendant filed an appeal and reappeal but dismissed all of the appeals and reappeals, and the plaintiffs who did not appear in court also delegated their power of attorney to the plaintiffs according to the genuine intent. In full view of the fact that the defendant submitted a certificate of delegation to the plaintiffs' legal representative.

Therefore, we cannot accept the defendant's main defense.

2. Basic facts common to the principal lawsuit and counterclaim;

A. Parties 1) The Plaintiffs are entitled to mine rights indicated in the attached Form 2, owned by the Defendant (hereinafter “instant mining rights”).

(2) The Defendant is a foundation that operates the above social welfare facilities, or a foundation that administers the Chungcheong area, etc. on the basis of the mining right of this case. (2) The Defendant is around 200, based on the mining right of this case, holding the land and house located in the area, or residing in the social welfare facilities located in the Cheongbuk-gun E.

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