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(영문) 대전지방법원서산지원 2016.05.13 2015가단55429

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the defendant's defense of this case.

The Plaintiff, around 2010, completed the registration of initial ownership transfer of each of the instant buildings under the name of the Defendant on February 22, 201 in the process of constructing each of the instant buildings, which are agricultural warehouses, on the land owned by the Plaintiff, on the land owned by the Plaintiff, and completed the registration of initial ownership transfer under the name of the Defendant on February 24, 201, when the building report was completed under the name of the Defendant, which was an administrative warehouse, at the time of the time of the construction of each of the instant buildings. After that, the Defendant agreed to transfer ownership to the Plaintiff on March 24, 2014, if the resolution was made by the village general meeting with respect to each of the instant buildings on April 30, 2014, and the Plaintiff decided to complete the registration of ownership transfer under the name of the Plaintiff on April 30, 2014, and sought against the Defendant to implement the registration procedure for ownership transfer against

Unless otherwise stipulated in the articles of incorporation, etc., a lawsuit concerning property jointly owned by a non-corporate group shall be brought by a resolution of a general meeting of members. Thus, a lawsuit brought by a non-corporate group under its name without a resolution of such general meeting of members is unlawful as it lacks the requirements for the lawsuit.

(See Supreme Court Decision 2010Da97044 Decided July 28, 201). In relation to the instant case, it is insufficient to recognize that the recording of health class and minutes (Evidence A) alone had gone through a resolution of a general meeting of employees while filing the instant lawsuit, and there is no other evidence to prove otherwise.

In addition, on March 23, 2016, the Plaintiff was ordered to submit within 14 days from the date on which the order of correction was served by this court to verify the completion of a resolution at a general meeting of members when filing the instant lawsuit, but did not make the correction within the period specified in the order.

Thus, the lawsuit of this case is illegal as it is filed by the plaintiff, who is a non-corporate body without a resolution of the general meeting of members.