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(영문) 광주지방법원순천지원 2016.05.18 2015가단15805
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The grounds for the instant claim by the parties are as shown in the attached Form.

The defendant's assertion: C, the representative of the plaintiff's clan, appointed at an extraordinary general meeting held by E 19-year-old "F" descendants excluded, and therefore, the plaintiff's 2-year-old "F" descendants had no power of representation. On the other hand, since the defendant's testimony H was conducted, the forest of this case had the registration certificate and paid the property tax with the land owned by the defendant or his ancestor, and the plaintiff's clan did not have the title trust of the forest of this case.

The plaintiff's assertion as to non-existence of power of representation: The plaintiff's religious members held a general meeting at October of each year, the principal office of the clan, "Seoul-gun I", and agreed to handle the church affairs of the clan, and all the members of the clan are well aware.

Plaintiff

A clan claims that, separately from this, a separate meeting for the gathering time of October was naturally notified by talking about the preparation status of food and drink, including the agenda for meetings, at the house representing the descendants of the “F”, and that, in October 2015, a resolution to cancel the title trust of the forest of this case was a major agenda, the resolution to transfer the forest of this case to the name of the clan was made, and that the resolution to transfer the forest of this case to the name of the same clan was a valid general meeting since it was verbally delivered to K, L, K, and M, which represents the household of the descendants of the “F”, as well as the first male lineal descendants of the “F” of the “F” of the “F” of the “E 19-year-old grandchildren,” to the effect that it was a valid general meeting.

2. If the convening authority intends to hold a clan meeting in relation to the determination of the defense of this safety, it shall make every reasonable effort to determine the scope of the clans subject to the convening authority and identify the whereabouts of the clans, and shall give notice individually to the clans subject to the convening authority, to whom it is possible to give notice because they have resided in Korea clearly.

The method of convening a notice shall be the same.

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