토지소유권이전등기 등 말소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against C (D) who is represented by the Plaintiff.
1. On July 27, 2012, the entire co-owner's share transfer registration was completed on the ground of the cancellation of title trust on November 21, 1994, and on July 11, 2014, the registration of establishment of superficies (hereinafter "registration of establishment, etc.") was completed on July 7, 2014 by the Jeonju District Court No. 83640 (hereinafter "registration of establishment of ownership") which received all-round July 7, 2014. On July 11, 2014, the registration of establishment of superficies (hereinafter "registration of establishment, etc.") was completed on July 11, 201 by the Jeonju District Court No. 83641 which received all-round the registration of establishment of a new superficies (hereinafter "registration of establishment, etc. of this case").
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings
2. The gist of the parties’ assertion is that the registration of ownership transfer of this case was made without going through the Plaintiff’s general meeting, etc. and the registration of ownership transfer of this case also becomes null and void. As such, Defendant B is liable for the registration of cancellation of ownership transfer of this case and Defendant Jinan Saemaeul Saemaul Bank is liable to implement the registration procedure of cancellation of ownership transfer of this case, and Defendant Jinan Saemaeul Saemaul Bank is liable to implement the registration procedure of cancellation of ownership transfer of this case, etc., the Defendants acknowledged that the ownership transfer of this case was based on the title trust, and asserted that
3. Determination on the legitimacy of the instant lawsuit
A. 1) The summary of the Defendants’ prior defenses 1) is invalid due to the Defendants’ defect in the convening process, etc., as the resolutions of the clan General Meeting of March 15, 2014, the resolution of November 4, 2014, and the resolution of the clan General Meeting of July 18, 2015, which appointed C as the Plaintiff’s representative. Accordingly, C is not the Plaintiff’s legitimate representative, and therefore, it is unlawful, even if the instant lawsuit was instituted by a person without the power of representation. 2)