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(영문) 의정부지방법원고양지원 2015.11.25 2013가합8663

소유권이전등기절차이행

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1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part resulting from the intervention by the Plaintiff is the Intervenor joining the lawsuit.

Reasons

Basic Facts

The status of the parties, etc. D clan (hereinafter referred to as the "D clan") is a clan that is comprised of descendants by taking the F, 16 years old, of E, as its descendants, and the defendant is a larger group of G, which is a larger child of F, and is comprised of descendants thereafter.

Attached Form

On January 30, 2004, the president of the D clan and the secretary I, etc. of each of the lands indicated in the list, referred to as the defendant's representative even though there was no resolution at the general meeting of the defendant, sold each of the lands listed in the separate sheet (hereinafter "each of the lands of this case") in the name of the defendant, and completed the registration of ownership transfer in the name of J on December 29, 2004 with respect to each of the lands of this case.

The defendant filed a lawsuit seeking cancellation of the defendant's ownership transfer registration, and the defendant died of K on May 2001, and the vice-chairperson died on or around December 21, 2002, the executive officer was present. However, as seen above, H and I sold each of the land of this case, the general assembly on December 4, 2004 (hereinafter "general assembly of December 4, 2004") held and elected M as the chairperson.

On March 23, 2006, the Defendant filed a lawsuit against J on March 23, 2006 to seek cancellation of the ownership transfer registration in the name of J, which was completed in relation to each of the land of this case, with the High Government District Court Decision 2006Gahap2438.

I presented its proposal.

In the previous lawsuit, such as the loss in the first instance court of the previous lawsuit, the defendant alleged that the land of this case was invalid because H and I sold to J the land of this case merely because they are officers of D clans that belong to the defendant, and since H and I did not go through the resolution process of the general meeting of the defendant, they sold each of the land of this case to J. However, on May 16, 2008, the defendant did not use the land of this case for convenience in the process of registering each of the land of this case owned by D clans, and even if the defendant is a member of D clans, he is the member of D clans.