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(영문) 수원지방법원 2020.11.12 2020구합504

부동산등기용등록번호화일정리거부처분취소

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The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Registration number 1 for the registration of the real estate in the name of a clan 1) The plaintiff "B" (hereinafter "the clan of this case").

(2) A clan is a member of the clan. 2) It is accompanied by the general assembly resolution and articles of association that "A member of the clan of this case who is the representative of the clan of this case shall hold a general meeting of the clan on October 11, 2018 to March 22, 2019, and passed a resolution to appoint C as the representative of the clan, etc. on October 11, 2018," attached to the general assembly resolution and articles of association that "The 15 members of the clan of this case held a general meeting of the clan of this case on October 11, 2018 and passed a resolution to appoint C as the representative of the clan." The defendant shall apply for the issuance of registration number for the registration of real estate in the name of the clan of this case from the defendant, Article 49 (1) 3 of the Registration of Real Estate Act, Article 30376 of the Regulations on the procedure for the issuance of registration number for the registration of real estate by non-corporate foundation and foreigner (hereinafter referred to as "the provision of this case"): The name of registration number is assigned.

B. The Plaintiff filed a confirmation lawsuit and its result 1) around October 8, 2019, the Plaintiff: (a) in collusion with several other persons’ clan members even though it is not a legitimate representative of the instant clan; (b) decided to sell 11,306 cubic meters of forest land in Ansan-si where the title of the instant clan was entrusted to four members of each of the instant clan, and (c) decided to appoint C as the representative of the clan on October 11, 201, and decided to enact the rules of the clan; and (d) submitted a false resolution of the general meeting to the Mayor of the instant clan by submitting the resolution of the said general meeting, etc. to submit the registration number for the real estate registration of the instant clan to the Mayor who was within the limit of 11,306 cubic meters of forest land when the instant clan was entrusted to four members of each of the instant clan.