소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.
1. The Plaintiff’s assertion that the instant real estate is owned by the Plaintiff clan, and D, as if the Plaintiff’s representative is not the Plaintiff, has forged the minutes as if the Plaintiff was the Plaintiff’s representative and affixed the seal of the members who did not attend, and had sold the instant real estate to Defendant B and had the ownership transfer registered without a legitimate resolution of the clan general assembly. The Defendant B completed the registration of establishment of the instant real estate in the future of the Defendant Samang-dong Treasury on the instant real estate.
Therefore, the registration of transfer of ownership in the name of Defendant B on the instant real estate should be cancelled in the form of invalidation of the cause, and the registration of transfer of ownership in the name of Defendant Samsan Saemaul Fund should also be cancelled.
2. Determination on Defendant B’s main defense
A. Defendant B’s assertion that the special meeting of which the resolution was passed by the representative of the Plaintiff’s clan is invalid due to the defect in the convening procedure, and accordingly, Defendant B asserts that the instant lawsuit is unlawful because it was filed by a non-representative of authority.
As to this, the Plaintiff’s representative C is the representative elected at the general meeting held on July 2, 2017, and even if there is any defect in the above resolution, the Plaintiff asserted that the defect was cured since the resolution was adopted by the clan General Assembly on December 2, 2017, which was held after the instant lawsuit was filed, to ratification the instant lawsuit.
B. Relevant legal principles 1) In order to take effect the resolution of the clan general meeting for the appointment of a clan representative, it is necessary that the general meeting was convened by a legitimate convening authority. Thus, if the clan general meeting is not convened by a legitimate convening authority, the resolution for the appointment of a representative at the above general meeting is not effective (see, e.g., Supreme Court Decision 92Da34124, Nov. 27, 1992). The representative of a clan shall be appointed according to the bylaws or practices of the clan, and if there is no such regulations or practices, the head of the clan or the head of the door shall be the adult