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(영문) 광주지방법원 2019.09.10 2018가단26777

소유권이전등기

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1. The Defendants: (a) share of 1/5 of each of the 39,570 square meters of the Seo-gu, Seo-gu, Gwangju; and (b) Defendant B on December 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan consisting of descendants of G as the middle group group members of G, which is formed for the purpose of the religious rites of the group, the protection and preservation of graves, and the friendship among the members of the group of members, and the defendant C, D, and E are the children of each clan member, and the defendant B are the children of the clan H.

B. The title trust contract was concluded between the Plaintiff and the aforementioned holders on January 30, 1981, where the Plaintiff owned the forest of 39,570 square meters in the Seo-gu Seoul Special Metropolitan City (hereinafter “the forest of this case”). The ownership transfer registration of H, C, D, and E was completed with respect to the shares of 1/5 shares due to the sale on October 10, 1970 by the Gwangju District Court Decision No. 2284, Jan. 30, 1981.

C. He died on November 20, 1992, and Defendant B succeeded solely to the status of H as to the instant forest by the agreement on inherited property.

As to each portion of the instant forest land, the Plaintiff expressed to the Defendants a wish to terminate the title trust agreement as the instant complaint. The instant warden served each of the instant forest land on or around December 18, 2018 to Defendant B, and on or around December 12, 2018 to Defendant C, Defendant D, and E, respectively. < Amended by Act No. 15002, Nov. 30, 2018>

[Reasons for Recognition] Defendant C, D, and E: Each confession Defendant B: from 1 to 6, 21 to 23 (including each number), the purport of the entire pleadings

2. Determination as to Defendant B’s assertion

A. Defendant B raises a defense that the instant lawsuit, which was filed without the resolution of the general meeting of clans prior to the merits, is unlawful.

According to the evidence (including A-20 and each number) of the family members, the lawsuit of this case was brought about by the general meeting of the clan held on October 20, 2018 by selecting the plaintiff clan as the representative, and thereafter, the plaintiff adopted the clan regulations on March 10, 2019 by holding a clan general meeting on March 10, 201 and adopting the clan regulations, and then the plaintiff passed a resolution to approve the filing of the lawsuit following the termination of title trust, including the lawsuit of this case.

According to the above facts of recognition, it appears to have been raised through legitimate procedures, and even if so, the defendant.