소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff clan's assertion of the plaintiff clan is the owner of the real estate listed in the attached list (hereinafter "the real estate in this case"). The plaintiff clan's representative of the defendant Eul clan (hereinafter "the defendant Eul clan") and C clan (hereinafter "the defendant C clan") asserts that on August 27, 2003, the plaintiff clan's representative indication of the plaintiff clan was changed to Eul, and on November 5, 2004, the registered titleholder indication was changed to the defendant Eul Association, and on December 14, 2009, donated the real estate in this case to the defendant Eul on December 16, 209, and completed the registration of transfer of ownership on the 16th of the same month, and the registration of change of the name holder's indication and the cancellation of ownership transfer registration of the above defendant Eul's title transfer registration against each of the above defendant Eul's title holders, and the above cancellation of ownership transfer registration against each of the above defendant Eul's real estate in this case against each of the above defendant Eul's title.
2. Defendant B and C asserted that the lawsuit of this case by the Plaintiff clan is unlawful, since the resolution on the appointment of the representative and the resolution on the lawsuit of the Plaintiff clan made at the above general assembly on February 16, 2014 (hereinafter “instant general assembly”) were invalid, since the Plaintiff clan elected its representative and held on February 16, 2014 for the institution of the instant lawsuit, the general assembly of the clans held on February 16, 2014 (hereinafter “instant general assembly”).
The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of a general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, in cases where a clan which is not a juristic person conducts a lawsuit as preservation of property jointly owned by a clan which is an unincorporated association, it shall
Supreme Court Decision 2009Da83650 Decided February 11, 2010, etc.