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(영문) 서울고등법원 2017.06.22 2016나2066002
회계장부 등 인도청구
Text

1. The judgment of the first instance is modified as follows according to the modification of the claim by this court.

Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The appointed clan D (hereinafter referred to as the "appointed clan") is a clan comprised of descendants of the E.S.

B. Defendant B is the former president (seven members) of his clan, and Defendant C is the former president of his clan.

On the other hand, the founder F is the current chairperson (8 members), the founder G is the vice-chairperson of the selected clan, the plaintiff (appointed party) and the founder H are the auditors of each selected person's clan, and the founder I is the general duties of the selected person's clan.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. The defendants asserted that the plaintiff (appointed party) refuses to return each of the documents listed in the attached Table 2 list of the appointed party's clans (hereinafter "the documents of this case") to the plaintiff (appointed party) and the remaining designated parties in order to conceal embezzlement of the appointed party's clan's property at the time when the appointed party's chairperson or general duties were performed.

In accordance with Articles 7, 11, etc. of the articles of association of the appointed clan or Article 684 (1) of the Civil Act, not only the appointed clans but also the plaintiff (appointed party) and the remaining appointed persons may request the designated members of the clan to deliver the documents of this case, such as the accounting books of the appointed clans, against the designated members of the clan or the defendants who are the general members of the clan.

Therefore, the Defendants are obligated to deliver the documents of this case to the Plaintiff (Appointed) and the designated parties and to pay the money calculated by the ratio of KRW 20,000 per day to indirect compulsory performance from the day following the delivery of a copy of the complaint of this case to the delivery of the documents of this case.

3. The documents of this case, which are the subject of the request for extradition of this case, are owned by the clan members and owned by the designated clan members, and the delivery of the documents of this case and the payment of indirect compulsory performance money to the plaintiff (designated parties) and the appointed parties F, G, H, and I.

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