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(영문) 의정부지방법원 2016.08.30 2015가단119765

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On May 11, 1995, with respect to 2,489 square meters of D forest and field as indicated in attached Table No. 1 of the attached Table No. 1 owned by the Plaintiff, the Plaintiff respectively held a title trust by means of registration of ownership transfer on May 11, 1995 with respect to the registration of ownership preservation in the name of the Defendant under the Act on Special Measures for the Registration of Real Estate, and on E, 324 square meters of land as indicated in paragraph (2) of the same Table (hereinafter collectively referred to as “each real estate”).

B. On September 10, 2015, the Plaintiff decided to terminate the title trust and complete the registration of ownership transfer in the name of the Plaintiff, since it is likely that the Defendant would arbitrarily dispose of the entire real estate of this case under the name of the Defendant, which is the nominal owner.

C. Accordingly, by serving a duplicate of the instant complaint, the Plaintiff terminated the title trust of each real estate of this case against the Defendant, and sought the implementation of the procedure for the registration of ownership transfer.

2. Determination as to the defendant's defense prior to the merits

A. Fact 1) The members of the Plaintiff clans 1) are Jung-si F (24 years of age) and G (25 years of age), H, I, J, K, C (J, 3 years of age or 4 years of age), and hereinafter “G, etc.”

(2) The Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”) was written on February 20, 2013, and the Plaintiff’s seal and C’s seal are affixed to the end of the articles of incorporation at the end of the articles of incorporation. The Plaintiff’s body of incorporation (hereinafter “instant articles of incorporation”) is the date of preparation, and the Plaintiff’s seal and C’s seal are affixed to the end of the articles of incorporation.

3) The Plaintiff’s oral extraordinary meeting for some of the clans without the written notice of convening an extraordinary meeting (hereinafter “instant extraordinary meeting”).

On September 10, 2015, which is the temporary opening date, C was moved to the Chairperson as the Chairperson on September 10, 2015.

The minutes of the above extraordinary general meeting include 19 members, among 28 members, shall be the minutes of the above extraordinary general meeting.