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(영문) 대구지방법원 2015.11.13 2014나20361
등기말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal shall be borne by the defendant 1.

Reasons

1. Basic facts

A. Defendant B clan (hereinafter referred to as “Defendant clan”) is a clan that is set of DC 20 years old grouped in the middle of Si.

F was seven children, including G, E, H, I, J, K, and L, and the Plaintiff is a clan that was a middle group of E.

B. In 1981, each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the Plaintiff’s clan M (each real estate listed in the separate sheet Nos. 1 and 9), N (each real estate listed in the separate sheet Nos. 1, 3, 4, 5, 6, 7, 8, and 9), P (each real estate listed in the separate sheet Nos. 2, 3, 4, 5, 6, 7, 8, and 10), Q (each real estate listed in the separate sheet No. 2, 3, 4, and 5), Q (each real estate listed in the separate sheet No. 2 and 6), R (attached sheet No. 7 and 8), and R (each real estate listed in the separate sheet No. 7 and 8) were registered.

C. On February 20, 1994, the Plaintiff held a general meeting to appoint theO as the president, and received a registration number around December 26, 1994 after enacting the clan regulations.

Afterward, the Plaintiff completed the registration of ownership transfer in the name of each Plaintiff on June 7, 1995 with respect to the real estate listed in the separate sheet Nos. 2 through 10, and on the real estate listed in the separate sheet No. 1 (hereinafter “the instant forest”) on June 12, 1996.

On September 30, 2013, N of the Plaintiff’s clan: “Temporary: 19:00 on October 6, 2013: V charcoal, agenda: the amendment of the clan regulations, the disposal of property, and the case of the election of officers, sent the “Notice of Call-up of the clan” in the name of the Plaintiff to the Plaintiff’s clan members and the Defendant’s clan members on September 30, 2013; thereafter, the date and time were changed to 11:00 on October 6, 2013.

Accordingly, on October 6, 2013, 42 members, including 20 members of the Plaintiff clan, 9 descendants of G, 13 descendants of H, etc., attended the general meeting (hereinafter “instant general meeting”), and the general meeting above, changed the name of the clan from the Plaintiff to the Defendant clan, changed the rules by reflecting the change of name, and decided to select N as the chairperson.

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