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(영문) 광주지방법원 해남지원 2018.06.19 2017가단21265

소유권말소등기

Text

1. The Plaintiff:

A. Defendant B shall be the Gwangju District Court with respect to each real estate listed in the separate sheet Nos. 1 and 3.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer (sale on May 18, 1975) on May 27, 1975 with respect to the land of this case on May 27, 1975 with respect to the land of this case as indicated in paragraph (2) of the separate sheet (hereinafter referred to as “land of this case”) on October 1, 2004, with respect to the land of this case and the land of this case as listed in paragraph (2) of the separate sheet (hereinafter referred to as “each land of this case”) on October 1, 2004 with respect to the land of this case and the land of this case collectively referred to as “each land of this case”).

B. On February 27, 2017, the Plaintiff sold the instant land No. 1 billion won to Defendant B (hereinafter “instant sales contract”), and completed the ownership transfer registration (No. 1925 on February 27, 2017) in the future of Defendant B. The Plaintiff donated the instant land No. 2 to Defendant C, and completed the ownership transfer registration (No. 1926 on February 27, 2017) in the future of Defendant C.

C. However, the above B.

The act of disposal of each of the lands of this case, as described in the Paragraph, was done on behalf of the plaintiff without a resolution of the general meeting of residents of the plaintiff.

[Ground of Recognition] Regarding Defendant B: Evidence Nos. 1-1, 2, 3, A2, and 3, Evidence No. 1-1, and Evidence No. 1-1, as to Defendant C: Article 150(3), and Article 150(1) of the Civil Procedure Act

2. According to the above facts of determination as to the cause of the claim, the plaintiff is an association which is not a juristic person and belongs to the plaintiff's collective ownership property.

Therefore, the disposal of each real estate of this case without the resolution of the resident general meeting of the plaintiff is null and void.

Therefore, barring special circumstances, Defendant B shall register the transfer of ownership with respect to the land of this case, and Defendant C shall register the transfer of ownership with respect to the land of this case No. 2.