소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”) in the separate sheet, the registration was completed that F, G, and H own 1/3 shares of each of the 1/3 shares. For the period from January 30, 1984 to March 28, 1984, the registration was completed each transfer registration of ownership as stated in the purport of the donation made on December 15, 1969 under the name of IB (hereinafter “instant clan”) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982, and invalidation).
B. The above F was killed on July 4, 1961 by F, and F’s wifeJ on September 10, 1980, respectively, and the Plaintiff is F’s son.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The purport of the plaintiff's assertion is only that the clan of this case restricts its members to adult male, which is not a organization similar to the clan of this case, and there is no provision regarding the appointment of executive officers or the convocation of the general assembly. The above clan's rules include the seal of the deceased clan or other clan members, and it seems that the above clan was made ex post facto in light of not only the seal of the deceased clan but also the document form, and the defendants did not hold a general meeting until now and did not grasp all the representative or members of the above clan. Considering the fact that the above clan of this case did not have any provision about the appointment of executive officers or the convocation of the general assembly, etc., the above clan of this case is merely an organization that was arranged by the defendants, etc. to collect the real estate of this case from F, etc.
Therefore, each transfer registration of ownership on the real estate of this case, which was completed in the name of the clan of this case without substance, is null and void.
Furthermore, the above transfer registration is based on the above false rules established resolution.