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(영문) 대전지방법원 2020.07.15 2019가단118415

소유권이전등기

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The Defendant (Appointed Party) and the designated parties are listed in the attached Table 2.1 on each real estate listed in the attached Table 1 to the Plaintiff.

Reasons

1. Determination on this safety defense

A. The defendant (Appointed) asserts that the lawsuit of this case is unlawful, since the plaintiff's clan was convened by legitimate convening authority or passed a resolution by holding a clan general meeting without legitimate convening authority.

B. According to the statements and the whole purport of the arguments and arguments set forth in Gap evidence Nos. 11 through 14 (including the family number), D was elected as the chairperson according to the articles of incorporation of the plaintiff clan, and D was notified to the members of the family capable of convening a convocation notice, and held an extraordinary general meeting on April 26, 2020, and since all the members of the clan present have supported the filing of the lawsuit at the above general meeting, the above argument by the defendant (appointed party) shall not be accepted.

2. Determination as to the cause of action

A. The cause of the claim is as indicated in the attached Form “the cause of the claim” and “the cause of the modified claim.”

B. There is no dispute between the parties, or according to the overall purport of Gap evidence Nos. 1 through 10, the facts constituting the cause of the claim can be acknowledged.

The Defendant (Appointed Party) and the appointed parties are obligated to implement the registration procedure for ownership transfer on the real estate listed in the attached Table 1 to the Plaintiff clan by reason of the termination of title trust according to each ownership share listed in the attached Table 2.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.