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(영문) 수원지방법원 2015.05.15 2014가합7561

소유권말소등기

Text

1. The Plaintiff:

A. Defendant B: (a) on August 14, 2012, the Suwon District Court’s Sung-si registry office with respect to the Suwon-si 3,006 square meters of paddy-si.

Reasons

1. Basic facts

A. On October 5, 1975, the Plaintiff was donated with a clan consisting of descendants from A Si-Ma, and completed the registration of ownership transfer in the name of the Plaintiff on August 31, 1994.

B. In order to exchange the instant land and each land owned by Defendant B, the Plaintiff’s closing cause, etc. held a meeting of executives on June 10, 2012 and made a resolution to sell the instant land to Defendant B for KRW 682,50,000, and around August 2012, the sales contract was concluded between Defendant B with the same content as the instant resolution (hereinafter “instant sales contract”). In addition, on July 9, 2012, the Plaintiff held a meeting of executives and passed a resolution to purchase KRW 330,00,000 of the instant land owned by Defendant B with H as the purchaser of the Plaintiff’s closing cause, and around August 2012, Defendant B purchased the said land from Defendant B with the purchase of the said land for KRW 330,00,000 with the purchase of the said land for KRW 300,000,000,000 from the Plaintiff’s account in the name of 30,500,000 won.

C. As to the instant land, the registration of creation of superficies was completed on August 14, 2012 under the title of the Suwon District Court (Seoul District Court), No. 117285, which was received on August 14, 2012, and thereafter, the registration of establishment of superficies was completed under the title of the Defendant Dongan Agricultural Cooperative (hereinafter “Defendant Cooperative”). The registration of establishment of mortgages was completed on September 5, 2012 under the title of the Suwon District Court (No. 128856, which was received on September 5, 2012) and the title of the registration of establishment of superficies was received on September 5, 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-1, 2, 2-2, 3-1, 4-4, 9-1 through 5-5, witness I's testimony, whole purport of pleading

2. Determination

A. Since the clan properties belong to the collective ownership of the clan members, their management and disposition shall be made.