beta
(영문) 창원지방법원밀양지원 2019.08.13 2019가단10530

소유권이전등기

Text

1. The Defendant’s ground for termination of title trust on February 26, 2019 regarding the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants who jointly set up E who are 19 years of age or older.

B. On August 28, 191, the registration of transfer of ownership was completed on the real estate listed in the separate sheet (hereinafter “instant real estate”) on the F on March 20, 1987. However, upon the death of F, the Defendant, who is his wife on October 7, 2016, completed the registration of transfer on the instant real estate by agreement and division on September 29, 192.

C. On December 21, 2018, around 11:00, the Plaintiff held a general meeting (hereinafter “instant general meeting”). A resolution was made to the effect that the Plaintiff terminated the title trust of the instant real estate against the Defendant, and delegate the said real estate lawsuit to H, on the sole basis of the participants’ participation at the general meeting (hereinafter “instant general meeting”).

The contents of the Plaintiff’s agreement pertaining to this case are as follows.

Article 16 Section 16 above shall be categorized into two different classes for the annual and extraordinary general meetings.

Provided, That an ordinary general meeting shall be held once a year, and an extraordinary general meeting shall be convened by the president by a resolution of the board of directors.

제18조 각급회의는 출석인원으로서 회의정석수로 간주 갑 제8호증(A문중 규약)에는 ‘看故(간고)’라고 기재되어 있으나 이는 ‘看做(간주)’의 오기로 보인다.

Article 19 shall pass a resolution of a meeting, which shall be decided by a majority of the present members, and the Speaker shall determine.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, and 8, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant real estate was held in title trust with F, a final cause. The Defendant, as F’s heir, is obligated to implement the registration procedure for ownership transfer on the instant real estate as a cause of termination of title trust with respect to the Plaintiff.

3. Judgment on the main defense of this case

A. Priority is given to determining the deficiency in H’s representative qualification.