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(영문) 의정부지방법원 2016.11.17 2015가단120055

소유권이전등기

Text

1. The Defendants shall each have the corresponding inheritance shares listed in the separate sheet among the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Defendant C, on December 28, 2012, filed a lawsuit for ownership transfer registration for the cancellation of title trust with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) against the Defendants on December 28, 2012. However, the judgment of dismissal was rendered, and the provisional final and conclusive general meeting resolution for filing the instant lawsuit did not have the authority to call to Q Q, who is the sender of the notice for convening a convocation, and did not implement lawful convocation procedures, and thus, the instant lawsuit is unlawful.

With respect to the appointment of a clan representative, unless there is a provision or custom, it shall be deemed that the person who is the highest and lowest among the members of the clan who are alive has the authority to call a general meeting (Supreme Court Decision 93Da51454 delivered on May 10, 1994), and the general meeting of the clan shall determine the scope of the members of the clan which are subject to a notice for convening a regular meeting, and shall, unless there are special circumstances, such as the error in the entry of the supporters of the clan, etc., determine the scope of the members of the clan who are subject to a notice for convening a regular meeting, and shall individually give a notice for convening a regular meeting to the members of the clan who are able to identify the location of the members of the clan and notify their whereabouts clearly in the Republic of Korea by making every effort, but the method of convening a regular meeting shall not be necessarily required in writing, and shall

(See Supreme Court Decision 93Da51454 Decided May 10, 1994, Supreme Court Decision 2007Da34982 Decided September 6, 2007, etc.). In full view of the overall purport of the arguments in the foregoing case, Q is the highest space among the plaintiff's clan members, the fact that Q is the highest space among the plaintiff's clan members, the fact that many clan members of Q is called for a post (170 copies) on July 29, 2015, and that part of the clan members were verbally called for a clan, and that it was held on August 18, 2015. < Amended by Presidential Decree No. 26548, Aug. 18, 2015>