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(영문) 전주지방법원 2018.05.11 2017나1571

소유권이전등기말소

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1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall be liable for the damages incurred by Defendant B on 1, 2002.

Reasons

1. Facts of recognition;

A. The Plaintiff is a clan consisting of descendants of NP 11 years old, and Defendant B is a member of the Plaintiff’s clan, and Defendant C purchased each real estate listed in the separate sheet from Defendant B (hereinafter “each land of this case”).

B. Since February 10, 1965, each of the instant lands was trusted in the name of the Plaintiff’s subsidiary members, including K, S, T, U,V, and W, and the Plaintiff filed a lawsuit against the said subsidiary members or their inheritors on November 21, 1994 to implement the procedure for the registration of ownership transfer based on the termination of title trust (former District Court Decision 94Gahap6856), and the judgment was finalized on January 25, 1995 on March 3, 1995.

The Plaintiff completed the registration of ownership transfer of each of the instant lands in accordance with the above judgment.

C. After May 25, 2002, Defendant B completed each of the instant land transfer registration (hereinafter “instant first ownership transfer registration”) under the receipt of No. 33065 on June 8, 2002 by the Jeonju District Court on the ground of donation on May 25, 2002.

Defendant C entered into a sales contract with Defendant B on August 1, 201, and completed each of the ownership transfer registrations based on the said sales contract (hereinafter “instant second ownership transfer registration”) under the former District Court’s indictment No. 62640, Sept. 30, 201, following the conclusion of the sales contract for each of the instant lands.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 32 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's lawsuit of this case is an act of managing and disposing of the plaintiff's collective ownership property, and for this purpose, it must undergo a resolution of a legitimate clan general meeting. Since the plaintiff's resolution of the clan general meeting on March 19, 2016 and the resolution of the clan general meeting on September 23, 2017 for filing the lawsuit of this case are null and void due to defects in convening procedures, the lawsuit of this case is eventually effective.