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(영문) 서울동부지방법원 2015.05.06 2014가합105064
명의신탁해지에의한 토지보상금 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is a clan consisting of descendants of Y's 31 years of age, and the 23,207 square meters and AB 2,529 square meters are land owned by the plaintiff under title trust with the defendants, and the defendants are not returned to the plaintiff even after receiving compensation, etc. for expropriation of the above land from the Gyeonggi Urban Corporation, etc. In this case, the plaintiff's claim that the plaintiff terminated the title trust agreement with the defendants by delivery of the complaint of this case, and the defendants claim payment of the money stated in the claim and damages for delay received by the defendants as compensation for the above land.

2. Determination ex officio, the provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of the lawsuit of this case, and unless there are special circumstances, the resolution of a general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act concerning the preservation of collective property shall not be applied to the preservation of collective property. Thus, in a case where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of a general meeting of members of the clan unless there are special circumstances (see Supreme Court Decision 2007Da17062, Dec. 27, 2007) and the Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005, since an adult woman who is the descendant of the common group, is also a member of the clan, the resolution of the general meeting of the clan shall not be effective in the event that the clan does not call for convening only the

Therefore, inasmuch as each extraordinary general meeting of March 1, 2013 and July 11, 2013, held by the Plaintiff for the filing of the instant lawsuit, it is insufficient to recognize that the Plaintiff had gone through a resolution of a legitimate clan general meeting in filing the instant lawsuit, as long as there is no evidence to support that each extraordinary general meeting of July 11, 2013, which was held by the Plaintiff, issued for the filing of the instant lawsuit, was given to female clan members, it is insufficient to recognize that the Plaintiff had gone through a resolution of the clan general meeting of the Plaintiff in filing the instant lawsuit, and that it may otherwise be recognized.

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