손해배상(기)
1. The part demanding the cancellation of each of the counterclaims in this case shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
1. Facts of recognition;
A. On May 17, 2006, CJ filed a lawsuit claiming the registration of ownership transfer against the Defendant, etc. based on the cancellation of title trust by asserting that the instant real estate owned by it was trusted in trust with the Defendant, etc.
C. The first instance court rendered a favorable judgment against the Defendant et al. in sequence against the registered titleholder in the instant case No. 2006Gahap1233 and the same court No. 2008Na2325, which is the appellate court, and the above judgment became final and conclusive through the final appeal.
B. After completion of the registration procedure for transfer of ownership based on the termination of title trust with respect to each of the instant real estate, C-friendly association drafted a sales contract with the Plaintiff on December 9, 2013, to sell it to the Plaintiff.
On January 28, 2014, the Plaintiff completed the registration procedure for transfer of ownership in the name of the Plaintiff on December 9, 2013 with respect to each of the instant real estate on the grounds of the said sales contract.
C. On the other hand, on November 29, 2013, C Sejong-Friendly Association filed a lawsuit against the Defendant for the delivery of KRW 10,133 square meters of land D (hereinafter “D”) in Jeju-si. D.
In this regard, C&C’s meeting minutes of the general meeting as of February 16, 2014; the general meeting minutes as of August 9, 2014; and the general meeting minutes as of February 15, 2015; ① Trading as of December 9, 2013 with respect to each land of this case; ② the resolution for ratification of each of the “instigation of a lawsuit for land delivery against the Defendant” is repeatedly stated.
E. In the first instance of the land delivery lawsuit against D land, the clans Association was sentenced to dismissal of the lawsuit on the ground that there was no legitimate resolution of the clans General Meeting for filing the lawsuit, but later, in the appellate trial pending by the Jeju District Court 2014Na4330, it was sentenced to a favorable judgment on the ground that “the filing of the lawsuit was duly ratified through the general meeting of August 9, 2014 and the general meeting of February 15, 2015,” and the above judgment is the same after the final appeal.