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(영문) 서울서부지방법원 2011.02.15 2008가단18256

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan whose name ABC is 17 years old and whose members are adult men and women among descendants.

B. Each real estate listed in the separate sheet is registered as 1/5 shares of AD, AE, AF, AG, and AH. <1> AG shares were transferred to AK through AI, AJ, 2 AF shares to AL, 3E shares to AK via AM and AJ, 6/10 to Defendant 25, 6/110 to Z, 1/10 to Defendant 26, and 15/110 to AK through AJ, and the remainder of 15/110 was transferred to AK through N, AO, AP, Q, AR, and AJ.

C. Defendant

1. From B to Y., among each real estate listed in the separate sheet, a person who succeeds to the shares of the above AH.

[Ground of recognition] Facts without dispute, Gap 1-9, 12-21, 29-32, and 34 (including each number), the purport of the whole pleadings

2. Each real estate listed in the attached list of the plaintiff's assertion was originally owned by the plaintiff's clan and completed the registration of title transfer as a co-ownership of the plaintiff's clan, and according to the resolution of the special meeting of the plaintiff's clan dated 8, 2007, which decided to restore each real estate listed in the attached list to the plaintiff's clan to the name of the plaintiff's clan and transfer the registration of title transfer, the plaintiff terminated the above title trust contract by the delivery of the copy of the complaint of this case. Thus, the defendants are obliged to implement the registration procedure for ownership transfer for each inheritance share listed in the attached list among each real estate listed in the attached list to the plaintiff.

3. The defendant asserts that the lawsuit of this case is unlawful, since the lawsuit of this case was brought without the resolution of the legitimate general meeting of clans.

The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring any special circumstance, a clan which is an association which is not a juristic person shall undergo a resolution of a general meeting of members pursuant to Article 276 (1) of the Civil Act. Thus, the act of preserving property jointly owned by a clan which is an association which