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(영문) 대구지방법원 김천지원 2017.04.26 2016가단4484

소유권이전등기 등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative E.

Reasons

1. Basic facts

A. On November 23, 2006, G completed the registration of ownership transfer for each of 1/2 shares of 13,884 square meters of F forest land in Kimcheon-si (hereinafter “instant forest”) to Defendant B and C on March 10, 1985.

B. On December 5, 2006, Defendant B and C had Defendant D complete the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the forest of this case, which is the maximum debt amount of KRW 40 million with respect to the forest of this case.

[Reasons for Recognition] Gap evidence No. 1

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff asserted that he held title trust with Defendant B and C, and that he terminated the title trust agreement with respect to the forest of this case by serving a duplicate of the instant complaint, and sought implementation of the registration procedure for transfer of ownership based on the termination of the said title trust with respect to Defendant B and C.

In addition, the establishment registration of the mortgage of this case in the name of Defendant D was completed falsely even though the secured debt does not exist, so it is argued that the registration of the invalidity of cause should be cancelled.

B. Defendant D’s non-corporate company’s assertion that the lawsuit was brought shall undergo a resolution of the general meeting. The lawsuit brought without a legitimate resolution is unlawful. The lawsuit was brought against the Defendants without a legitimate general meeting resolution, and thus, is unlawful.

C. Unless otherwise stipulated in the articles of incorporation, a general meeting resolution shall be passed unless there exist special circumstances, such as otherwise stipulated in the articles of incorporation, in filing a lawsuit concerning property jointly owned by a non-corporate group. Thus, a lawsuit filed by a non-corporate group in its name without a resolution of the general meeting of members is unlawful as

(See Supreme Court Decision 2010Da97044 Decided July 28, 201, and Supreme Court Decision 2006Da64573 Decided July 26, 2007, etc.). In full view of the overall purport of the pleadings, Article 15 of the Plaintiff’s Covenant provides for the following: (a) the whole purport of the pleadings: (b) the evidence Nos. 2, 3, and 10 (including the serial number).