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(영문) 춘천지방법원원주지원 2017.08.23 2016가단33393

소유권이전등기

Text

1. The Defendants’ shares in the attached Form 2 among the real estate listed in the attached Form 1 to Plaintiff B are as of September 11, 2016.

Reasons

1. Basic facts

A. Plaintiff B’s clan (hereinafter “Plaintiff’s clan”) is a clan comprised of the descendants of the Plaintiff’s clan, who is 16 years old, Ma, 17 years old, N, 18 years old, and 18 years old, grouped by a joint Si. The Plaintiff A is the vice-chairperson of the Plaintiff clan.

B. On June 30, 1965, the Plaintiff’s clan P, Q descendants, and R (S) registered the preservation of ownership as to each of the 1/2 co-ownership shares of the real estate listed in attached Form 1 (hereinafter “instant land”).

P A. On September 13, 2004, the heir died, and the heir was Defendant C, D, E, and F, who is wife and child, but the heir died on September 6, 201, and eventually Defendant C, D, E, and F succeeded to each of the shares of the instant land as shown in Appendix 2.

R died on April 22, 1997, and among the land in this case, Defendant G, the wife, was succeeded to 1/6 shares as shown in Appendix 2, and Defendant H, I, and J, each of whom was succeeded to 1/9 shares as shown in Appendix 2.

C. The 125 members of the Plaintiff’s clan, other than the Plaintiff A, applied for the permission to convene an extraordinary general meeting as Seoul Western District Court 2013 non-joint18, and the said court permitted the convening of an extraordinary general meeting of the Plaintiff’s clan, the purpose of which is to revise the clan clan (Articles of Incorporation) on June 4, 2013.

Accordingly, on July 27, 2013, the Plaintiff’s clan opened an extraordinary general meeting and amended the previous clan. Article 21 of the amended clan (hereinafter “the instant clan provision”) provides that “The general meeting consists of officers and representatives (the number of members of the Plaintiff’s four doors).”

After that, on September 7, 2013, the plaintiff clan held an extraordinary general meeting and elected directors and representatives for each door according to the pledge of amendment, and U as the chairperson of the plaintiff clan and the vice-chairperson A as the chairperson of the plaintiff clan respectively.

E. The Plaintiff clan terminated the title trust of the instant land at the general meeting on June 10, 2016 (the general meeting consisting of the president, directors, and representatives according to the revised pledge), and the Plaintiff A will be a new title trustee.