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(영문) 대구지방법원 2018.12.20 2017가단129077

소유권이전등기말소 등

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1. The Defendants shall have 3/11 shares of each of the real estate listed in the separate sheet to the Plaintiff B.

Reasons

1. Basic facts

A. In around 2015, the Jincheon Branch (hereinafter referred to as “foreign clan”) entered into a contract with the deceased and the deceased and the non-party clan, under which one-half shares of each of them are trusted in trust (hereinafter “the land in the clan”) and each of the real estates listed in the separate list owned by the deceased (hereinafter “each of the instant real estates”) (hereinafter “instant exchange contract”).

However, Nonparty 1 decided to title trust each of the instant real estate acquired in accordance with the above exchange agreement with the Defendants and the net A, respectively.

B. For the implementation of the instant exchange contract, the non-party clan completed the registration of ownership transfer on November 9, 2015, on the ground of the sale on November 5, 2015 in the name of the deceased. On November 12, 2015, the net A completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) with respect to each of the 1/4 shares of each of the instant real estate on November 12, 2015.

C. The deceased A (hereinafter “the deceased”) died on September 16, 2018 while the instant lawsuit was pending, and the deceased’s heir, Plaintiff B (the deceased’s spouse 3/11), Plaintiff C, D, E, and F (the deceased’s shares 2/11).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 4 (including each number), the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. The alleged plaintiffs asserted that the exchange contract of this case, the contents of which are the disposition of the clan land, is invalid or invalid as a false conspiracy because the non-party clan does not have a resolution of the general assembly

B. Articles 275 and 276(1) of the Civil Act provide that the management and disposition of collective ownership shall be governed by the articles of incorporation or regulations, if any, but not determined by the articles of incorporation or regulations.

clans.