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(영문) 대구지방법원 2019.03.21 2018나309130

소유권이전등기

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1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's lawsuit of this case against the defendants.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is a clan of 22 years of age AC among the descendants who are the descendants of AB as its original head. 2) On January 11, 1938, the Plaintiff purchased 1,322 square meters [4,370 square meters, and this land was divided into each of the instant real estate on September 11, 2014] before the purchase of the 32 years of age AG [AH], 31 years of age C, 31 years of age C, 32 years of age AJ [S], and 4 years of age AK], and registered the transfer of ownership in the name of the above 4 persons.

3) Since the Plaintiff expressed his/her intent to terminate the title trust of each of the instant real estate through the instant complaint, the Defendants, who succeeded to some of the instant real estate from AI, are obligated to implement the procedures for ownership transfer registration on the grounds of termination of the title trust on the date of delivery of a copy of the complaint in the judgment of the first instance on each of the instant real estate, as to each of the shares in inheritance (2) in each of the instant real estate, as indicated in the attached Table of Inheritance Shares (2) in the judgment of the court of first instance on each of the instant real estate. 4) As to the requirements for litigation, the Plaintiff resolved on March 31, 2016 regarding the instant lawsuit at the extraordinary general meeting, and the Defendants asserted that the instant lawsuit is unlawful, thereby holding an extraordinary general meeting on October 2

B. The defendants' assertion 1) Since the plaintiff did not have made a resolution on the lawsuit of this case according to legitimate procedures, the lawsuit of this case is unlawful. 2) The plaintiff's re-affort that the AI, which was put to the defendant, owned a lot of property before his birth, has no reason to obtain a title trust of real estate from the plaintiff, and there is no reason to obtain a title trust of each real estate of this case from

2. Determination as to the litigation requirements

A. If the plaintiff 1 of the relevant legal doctrine is a clan or an unincorporated association with unique meaning of its own, and the basic identity of factual relations asserted as to its substance is maintained, it shall be changed by the parties.