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(영문) 대전지방법원천안지원 2016.01.22 2015가합918
창녕성씨 남창대종회 단체구성 효력무효
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 1993, the Defendant, among the closing members of Gmpha (hereinafter “Gmpha”), who are 16 years old descendants of EMF, drafted a covenant that they shall live in a different area and live in a different area and wish to join, and six to ten members, including the Plaintiff, did not reside in Hmp, but were active as members, such as attending the Defendant’s general meeting.

B. The instant land was originally registered in the name of I, J, K, and L as owned by Gmphs, K, and L, resulting in the death of K and L, M and N followed the said name.

On May 10, 1997, the Defendant completed the registration of ownership transfer on the instant land due to the termination of title trust, and subsequently sold the instant land before selling the land. On January 16, 2015, the Defendant decided to sell the instant land in KRW 3,400,000 to C via an extraordinary general meeting with twenty-three members present on January 16, 2015.

C. The Plaintiff asserted that it was the buyer of the instant land before the above resolution, but the Defendant’s organization did not constitute a lawful procedure, and filed the instant lawsuit.

Accordingly, P, among Gmph descendants, has amended the previous rules on April 24, 2015, and notified all 358 members who can communicate until the time to convene a general meeting in order to handle the agenda, such as selling the instant land. On May 10, 2015, the paper members attending the above general meeting were to revise the rules as stipulated by the adult residing in the Republic of Korea among the descendants, and to sell the instant land, and to ratification all acts performed by the Defendant without excluding some of the members.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 13 evidence, Eul evidence 1 to 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The defendant.

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