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(영문) 창원지방법원마산지원 2017.08.22 2016가단100679

소유권말소등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan that has M9 years of age as a joint ancestor and consists of adult male and female members among descendants.

B. On February 17, 1994, the Plaintiff completed each registration of ownership transfer on the instant real estate ①, ③, and ④ each real estate, and November 8, 1994 ②.

At the time, the representative of the plaintiff was O, and was changed to P around September 21, 2006.

C. On July 15, 2012, the minutes were prepared stating that “eight persons, such as P, attend the general meeting of the Plaintiff and resolve to dispose of the instant real estate,” and that “eight persons, such as P, etc., attend the general meeting of the Plaintiff and resolve to dispose of the instant real estate” on February 26, 2013.

On July 15, 2012, the Plaintiff sold the instant real estate to Defendant B, Defendant C, and Defendant D in an amount equivalent to KRW 210 million, and completed the registration of ownership transfer on August 3, 2012.

E. On February 28, 2013, the Plaintiff sold the instant real estate at KRW 30 million to Defendant E, Defendant F, Defendant G, Q, Defendant H, and Defendant I, and completed the registration of ownership transfer on March 21, 2013, respectively.

After that, on October 5, 2015, Defendant J completed the registration of ownership transfer on July 31, 2015 with respect to Q’s share in the above real estate due to a consultation division.

F. On February 28, 2013, the Plaintiff sold the instant real estate in KRW 35 million to Defendant K, and completed the registration of ownership transfer on March 21, 2013.

On April 19, 2013, Defendant K created a right to collateral security with a maximum debt amount of KRW 91 million with respect to each of the above immovables, etc. to the Defendant Union.

G. P died on June 23, 2015, and the subsequent representative was not immediately elected.

H. The part concerning the instant case in the Plaintiff’s agreement is as follows.

Article 4 Members of the clan of this clan may be eligible for membership of the clan of not less than 20 years of age.

Article 5 The officers of this clan are as follows:

Similar one person, one secretary, several executive secretaries, and the executive officers of the clan of Article 7 shall be the members of the clan.