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(영문) 광주지방법원 2020.05.15 2019가단516642

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. On April 1915, the Plaintiff, who owned the Plaintiff’s clan, was assessed in the name of three persons, such as Dong G, H, I, etc., the Plaintiff, who is a member of the Plaintiff’s clan (hereinafter “instant real estate”). The Plaintiff completed the preservation registration under the Act on Special Measures for the Ownership of the instant real estate on June 1981 by forging a written confirmation by Defendant C, Defendant D’s fleet, and Defendant E, Defendant E.

Since then, 1/3 shares of the deceasedJ among the real estate in this case were transferred to Defendant D, and 1/3 shares of the network K were transferred to Defendant E due to the consultation division of each inherited property.

Therefore, since the registration of transfer of each of the instant real estate shares completed in the future Defendant C, D, and E is null and void, the Plaintiff sought the cancellation of the registration of transfer and preservation of each of the instant real estate shares to Defendant C, D, and E, and sought the registration of transfer of the instant real estate ownership based on the cancellation of title trust to Defendant E, who is the family heir of the network G, the family heir of Defendant B, and the network H, the family heir of the deceased H.

B. The Plaintiff’s filing of the instant lawsuit is unlawful, since the Plaintiff’s name before changing the Defendants stated that the Plaintiff’s qualification as the Plaintiff’s clan member is limited to adult male living in Gwangju, and the Plaintiff cannot be deemed to have held a clan general meeting valid for the purpose of raising the instant lawsuit through legitimate convening procedures. The Plaintiff’s filing of the instant lawsuit is lawful.

Even if there is no evidence to prove that the preservation registration under the Act on Special Measures for the Prevention of Madle in the future of the Defendants is null and void, the plaintiff cannot respond to the

2. The property owned by a clan shall not be subject to the provisions of Article 265 of the Civil Act concerning the preservation of collective property owned by its members, unless there are special circumstances, the provisions of Article 276 (1) of the Civil Act concerning the preservation of collective property shall not apply to the property owned by the clan, and the resolution of the general meeting of the clan shall be passed pursuant to the provisions of Article 276