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(영문) 광주지방법원 2018.01.18 2017가합55041

소유권말소등기

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1. The instant lawsuit against the Defendants in Class A, and the Defendant A Industry Development Company in the Plaintiff B and C, respectively.

Reasons

1. Basic facts

A. Defendant D is an organization established by the clan E (hereinafter “foreign clan”) and the Plaintiff A’s clan (hereinafter “Plaintiff clan”) to safeguard and preserve the graves and churches of both clans and to manage and preserve their relics.

B. On April 10, 2013, Defendant D entered into a sales contract with Defendant Aju Industry Development Co., Ltd. (hereinafter “Defendant Company”) to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”; according to the separate sheet, “instant real estate 1 through 3 real estate”) for KRW 2,034,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the instant real estate as of June 11, 2013 by the Gwangju District Court No. 113929, Jun. 11, 2013.

(hereinafter “instant transfer registration”). C.

The Defendant Gwangju Bank Co., Ltd. (hereinafter “Defendant Bank”) completed the registration of creation of a collateral for each of the instant real estate by the Gwangju District Court No. 14177, Jul. 8, 2013, with respect to each of the instant real estate as to the obligor’s company and the maximum debt amount at KRW 2,160,000,000.

(hereinafter referred to as “the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of foundation of creation of creation of creation of creation of

2. Summary of the plaintiffs' assertion

A. The resolution body of Defendant D is the joint assembly of the Plaintiff and Nonparty clan. At the time of convening the general assembly of December 8, 2012, which was decided to sell each of the instant real estate, Defendant D notified only some of the members of the Plaintiff clan and Nonparty clans, without notifying all of the members of the Plaintiff clan and Nonparty clans who are allowed to notify of the sale of each of the instant real estate (hereinafter “instant general assembly”).

The resolution of the general meeting held without convening a convocation notice to some of the members who can be notified shall be null and void, so the plaintiffs shall each be held at the general meeting of this case.