소유권지분이전등기
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment and the record reveals the following facts.
On the grounds that the trust was terminated on December 14, 1994 with respect to Q 11,292 square meters prior to the date of Ansan-si on March 25, 1995, and S road 178 square meters, each of the above real estate was registered on May 26, 1995, with respect to the ownership transfer registration in the name of AE on the grounds of sale on March 10, 1975, and each of the above real estate was registered on March 10, 1975, and on the register, AE is written as a clan registration number “AK,” a domicile “AL” (a change in an administrative district was changed to a “AM at Pansi-si”; hereinafter referred to as “L”), a representative, and a “N”.
B. The plaintiff K filed a lawsuit against the Class AE (representative) seeking the cancellation of the transfer registration of ownership in Q and S land on the ground that the transfer registration of ownership in Q and S is null and void. On March 18, 2005, the court of first instance rendered a judgment against the plaintiff, which was rendered a judgment against the plaintiff, and the appeal was dismissed and all of the appeals were dismissed, and the judgment of the court of first instance became final and conclusive on May 17, 2006.
C. On January 6, 2011, Plaintiff K held an extraordinary general meeting of AE and resolved to change the address of a clan on the registry from “AL” to “Seoul APro,” “N from “K” among the indications of registration of each real estate of this case at the said extraordinary general meeting. On January 7, 2011, Plaintiff K adopted a resolution to change the name of a clan on the registry from “AL” to “K”. Based on such resolution, on each real estate of this case, on January 7, 2011, Plaintiff K changed the name of a clan on the registry to “K” and its address to “AP”.
After that, on September 22, 2011, in the lawsuit to confirm the invalidity of the resolution of the general meeting of clans Q and one other, the resolution of the clan on January 6, 201, which was held by the general meeting of clans without convening a notification to some clans, was affirmed as invalid. The above judgment was affirmed as it was on March 29, 2012, and each of the instant real estate on June 15, 2012.