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(영문) 의정부지방법원 2016.11.11 2015가합5061
청구이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a clan in which the plaintiff is a joint set of five son E, the time group of the C Ma, the time group of the C Ma, the five son F, the second son F, G H, the second son of G, the group of children.

B. On March 1, 2006, the Plaintiff held a general meeting of shareholders and completed the registration of ownership transfer under the name of a clan with respect to land within 35 lots of land in title trust to an individual, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and passed a resolution to delegate all the authorities to the president who is the representative (J at the time of filing a lawsuit, if it is necessary to do so).

C. On March 1, 2007, the Plaintiff held an extraordinary general meeting and revised the date of the ordinary general meeting as determined by the Constitutional Court every year as H/C, which is held on October 10, 2007, and appointed K as the president. The Plaintiff resolved to pay 15% of the winning amount to the attorney-at-law and 15% of the required expenses to the contributor.

On March 14, 2009, the Plaintiff held an extraordinary general meeting and appointed L as the president, and passed a resolution, such as entrusting the president with all authority over the lawsuit, etc. on the land restitution of this case.

E. On November 26, 2009, the Plaintiff: (a) held an ordinary general meeting on November 26, 2009 and notified the winning of the case in a lawsuit on the recovered land; (b) paid 15% of the total officially announced land price of the recovered land to the attorney-at-law M; and (c) decided to donate or sell the land equivalent to 5% of the total officially announced land price of each recovered land to the Defendant, who is the required contributor

(F) The Defendant filed a claim against the Plaintiff for a payment order (the 214,865,97 won, which is the amount equivalent to 5% of the total officially announced value of the recovered land, and damages for delay thereof) with the purport that the Defendant would pay the Plaintiff the amount of KRW 214,865,97, which is the amount equivalent to 5% of the total announced value of the recovered land, and the payment order was finalized on April 10, 2015 due to the Plaintiff’s failure to raise an objection.

b.0.0 c.

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