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(영문) 수원지방법원 2019.11.07 2018나91988

소유권말소등기

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The plaintiff clan is a clan naturally created with the aim of promoting the friendship of the fC G 25 years old descendants and the friendship of their descendants by jointly setting the FC G 25 years old H as a group.

B. On November 9, 2016, the Plaintiff clan held a general meeting at U’s branch, which is the office of the clan, and the minutes of the above general meeting include the following: “The 21 member of the clan of this case was the Speaker pro tempore, while the 21 member of the clan of this case was present, he shall preside over the general meeting, and with the consent of 18 of the 21 members present, he shall be the chairperson of the clan of this case, W as the vice-chairperson, and N as the ex officio vice-chairperson.”

The minutes include the names, addresses, and telephone numbers of the members present at the general meeting, and the remaining 19 members, excluding N and P, signed or sealed them.

C. The registration of ownership transfer in the name of the Defendants (hereinafter “instant registration of ownership transfer”) was completed on December 28, 2016, from the receipt of No. 98601 on December 28, 2016, with respect to each of the respective real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by the Plaintiff clans.

The register of the general assembly of the clan submitted at the time of the application for the registration of transfer of the ownership of this case contains the following: “Around November 17, 2016, 200, the N shall preside over the general assembly while 26 members among 51 members are present at the restaurant located in Gwangju City, Gwangju, and the general assembly shall preside over the general assembly; the representative of the plaintiff clan shall be N, the auditor shall be appointed as N, the auditor shall be K, and the Do Similar shall be appointed as the O; the agenda of selling the real estate of this case to the defendants in the amount of KRW 560 million shall be decided with the consent of all members present at the general assembly.”

In addition, the above minutes include the name and seal of N, K, andO, but do not include the signature or seal of other participants.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 12, 14, and 15, and the purport of the whole pleadings.