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(영문) 부산고등법원(창원) 2015.01.29 2013나1658
회원총회 결의 무효 등
Text

1. The part against the plaintiff in the judgment of the court of first instance shall be revoked.

2. The plaintiff is the defendant's member.

3...

Reasons

1. Facts of recognition;

A. Furin's current status of Furin is a village located in G at the Simdo, and he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he he gets the name of Furin, which is a village made within this sex, and he is currently residing in Furin, approximately 150 households.

B. 1) Possession of the forest land in dispute 1) Mysi I and J (hereinafter “the forest of this case”) are deemed to be the forest of this case, and when classifying it as a lot number, I and J are deemed to be the “I” and “J”.

(2) The instant forest land is located behind Kins, rather than Fins, in the administrative district. On October 23, 1918, the “State” was under circumstances. (2) However, the Fins residents suggested to the Gins-gun Office at the time when they were faced with inconvenience because they had no place to rear the lawsuit, thereby obtaining the consent so that they can use the instant forest land as a horse.

Accordingly, Frans residents have jointly used, profit-making and management of the forest of this case, such as piling a stone fence on the instant forest room, making a horse by expenditure of survey expenses, etc., planting and cutting trees, planting and cutting cattle, and grazing livestock.

3) After that, Flus residents decided to acquire the ownership of the forest of this case from the State as the representative of L (L, AP) and 10 persons among the residents. Accordingly, on January 15, 194 with respect to I, and on July 15, 1943 with respect to J, Flus residents had completed the registration of possession transfer of “L et al. 10” in the name of “L,” and on July 15, 1943 with respect to J. 1, Flus residents were using the forest of this case as a village in the field of this case without any special restriction while they were in the field of the forest of this case while they were in use in the field of the village in the field of this case without any restriction. At around 1980, they installed a steel network fence with the residents being in harmony. At each time, one household was mobilized for each time, and a fine was imposed on several glusiums.

5) During that period, Act on Special Measures for the Transfer of Ownership of Real Estate (Law No. 3094, December 31, 197) was enacted.

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