소유권이전등기말소 청구의 소
1. The Defendant (Counterclaim Plaintiff) shall have the Cheongju District Court as to each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On October 16, 201, the Plaintiff held an extraordinary general meeting and made a resolution to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by it (hereinafter “the instant resolution”) (hereinafter “the instant resolution”).
B. On June 15, 2012, C entered into a sales contract with the Defendant for each of the instant real estate in the capacity of the Plaintiff’s representative, and completed the registration of ownership transfer in the name of the Defendant on July 17, 2012.
On July 17, 2012, the Defendant paid KRW 98,700,000 to the account under C’s name.
[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleadings
2. Determination on the main claim
A. The following facts are acknowledged according to each of the statements in Gap evidence Nos. 2, 3, and 4, as to the cause of the claim:
In other words, D et al. asserted that the resolution of the special meeting of this case was null and void, and filed against the plaintiff a provisional disposition of suspending the effect of the resolution of the general meeting of this case with the Chungcheong District Court 2012Kahap183, and the above court made a decision of acceptance on August 24, 2012.
In addition, D et al. filed a lawsuit against the plaintiff (representative C) to nullify the resolution of the general meeting of a clan as the Chungcheong District Court Branch Branch of 2012Kahap122, and the said court rendered a judgment that the resolution of the general meeting of this case is null and void on May 2, 2013.
On April 23, 2014, C filed an appeal under the name of the Plaintiff, but E newly elected as the representative of the Plaintiff withdraws the appeal under the name of the Plaintiff.
Accordingly, in the Daejeon High Court (Cheongju) 2013Na806 case, the court rendered a declaration of termination of the lawsuit on August 19, 2014, and the above judgment became final and conclusive on September 12, 2014.
According to the above facts, the sales contract between the plaintiff and the defendant for each of the real estate of this case is null and void since it is not by a resolution of a legitimate clan general meeting. The registration of ownership transfer is also made in the name of the defendant.