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(영문) 광주지방법원목포지원 2019.06.11 2018가합10666 (1)
매매계약 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the members of the defendant church.

B. On March 29, 2018, the Defendant church held a temporary meeting to sell the real estate listed in the attached Table 1 list (hereinafter “instant real estate”) to the limited liability company C (hereinafter “C”) for KRW 1,200,000,000.

(hereinafter referred to as “instant resolution”). C.

On March 30, 2018, the Defendant church sold the instant real estate to C in KRW 1,200,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer to C on the same day, according to the resolution of the instant church without a joint conference resolution of the instant church (hereinafter “instant sales contract”).

The main contents of the articles of incorporation of the defendant church are as shown in attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 28, Eul evidence 3, the purport of the whole pleadings

2. The plaintiffs' assertion

A. In order to dispose of the instant real property, which is jointly owned by the members of the Defendant church, the Defendant church, without going through a resolution of the joint meeting, determined the disposal of the instant real property by the resolution of the instant church council without going through the joint meeting.

In addition, the resolution of the church of this case was made under the involvement of E, F, and G, not by the members or the principals of the defendant church.

Therefore, the resolution of the party branch of this case is null and void, and the sales contract of this case is also null and void.

B. The Plaintiffs, who are the members of the Defendant church, were present at the Joint Council and discussed about the disposal of the instant real estate and infringed on the right to vote, due to the Defendant church’s disposal of the instant real estate only by the resolution of the instant church without undergoing a joint conference resolution.

Therefore, the Plaintiffs have the interest to seek confirmation that the resolution of the instant party and the instant sales contract are null and void.

3. We examine ex officio the legality of the instant lawsuit.

A. Whether the part of the claim for confirmation of invalidity of the resolution at the time of the instant case is legitimate or not is confirmed in the litigation for confirmation.

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