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(영문) 전주지방법원 2012.08.17 2011나10818
소유권이전등기말소
Text

1. The part against Defendant N,O, and P in the judgment of the first instance shall be revoked in entirety;

2. The Plaintiff’s claim against Defendant N,O, and P.

Reasons

1. Determination on this safety defense

A. On December 7, 2009, the general meeting of the plaintiff's clan on December 7, 2009, other than the defendant's only Saemaul Savings Depository (1) held without giving some members a notice of convening the general meeting of the plaintiff's clan and without giving them an opportunity to participate in the female clan members, and thus, it is null and void due to the defect in the convening procedure. Accordingly, on December 7, 2009, S appointed at the general meeting of the above general meeting is not qualified as the representative of the plaintiff clan. 2) At the general meeting of the plaintiff's clan on December 7, 2009, T is elected as the chairperson, and S is elected as the chairperson, and T resigns elected as the chairperson. If the chairperson resigns, it shall not be deemed that the chairperson is a case where the chairperson is unable to temporarily perform his/her duties, and therefore, the president's authority to act on behalf of the president is

3) Ultimately, the lawsuit of this case is unlawful because it is filed by a person without legitimate power of representation. B. 1) If the members of the clan regularly gather at a certain place on a certain day every year in accordance with the rules or practices of the clans, and are to handle the church affairs of the clans, it does not require separate procedures for convening a clan meeting (see Supreme Court Decision 2005Da36298, Dec. 8, 2005). In light of the purport of the whole arguments in the evidence No. 4, the plaintiff clan held an ordinary meeting on October 21, 200 each year in the office located in the Si/Y-si, Si/Kun-si, Si/Kun-si, Si/Kun-si, and the plaintiff clan does not require separate procedures for convening a clan meeting in accordance with such custom.

Therefore, even if some of the members or female clan members did not comply with the procedure such as convening a notice, etc., it was held on December 7, 2009.

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