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(영문) 의정부지방법원 2017.11.28 2015가단123238

소유권이전등기말소등기청구 등

Text

1. The defendant received KRW 153,890,00 from the plaintiff and simultaneously received KRW 153,890,000 from the plaintiff,

A. Gyeonggi-si B Forest land: 33.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan consisting of DC descendants as a mid-term group C.

B. Part of the paper rules of the Plaintiff’s enforcement of July 2, 2005 (hereinafter “instant rules”) is as shown in the attached Form.

C. On March 19, 2012, at a clan meeting convened by E, the Plaintiff passed a resolution to select F, G, H, I, J, K, K, L, and M (hereinafter collectively referred to as “F, etc.”) as a member of the clan, and F, etc. opened a clan Committee on the same day and passed a resolution to select E as the chairperson of the Plaintiff.

On June 3, 2013, E and F, etc. opened the Plaintiff’s religious affairs committee, and made a resolution to sell the forest land of 33,917 square meters (hereinafter “instant forest land”) to the Defendant (hereinafter “instant resolution”).

E. On May 31, 2013, E prepared a contract on behalf of the Plaintiff to sell the instant forest land in KRW 183,890,000 (hereinafter “instant contract”). On August 8, 2013, E completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) under Article 18329 that was received in the future of the Defendant with respect to the instant forest land, which is owned by the Plaintiff to the Defendant (hereinafter “instant contract”). Around that time, E transferred the instant forest land to the Defendant.

On April 14, 2013, the Defendant transferred the purchase price to the deposit account in the name of N, with a down payment of KRW 45,00,000,000, and on June 14, 2013, the Defendant transferred the said purchase price to the deposit account in the name of the Plaintiff.

F. On February 21, 2015, the Plaintiff elected O and 9 other than O (hereinafter “O”) from an extraordinary clan meeting convened by the Plaintiff’s “Emergency Countermeasure Committee” as a member of the clan, ratified a resolution of election of the president, etc. at the Religious Committee, and passed a resolution of approval, etc. regarding the filing of the instant lawsuit.

In addition, the committee of the religious affairs open on the same day elected P as the chairperson of the plaintiff and passed a resolution to the same effect as the above resolution of the special general meeting.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5, 7-1 to 8.