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(영문) 의정부지방법원 2016.03.18 2013가합70917

소유권말소등기

Text

1. The Plaintiff:

A. As to each real estate listed in the separate sheet, Defendant B’s District Court Macheon Registry on 2012.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that is a common ancestor of E, and the defendant B is a clan member of the plaintiff clan.

B. On July 27, 2006, the registration of transfer of ownership in the name of the plaintiff was completed with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

C. As to the instant real estate, the registration of the establishment of each ownership transfer in the name of Defendant B was completed as of December 10, 2012 as of December 10, 2012, under the receipt of 49021, and as of November 17, 2012, the registration of establishment of each of the maximum debt amount in Defendant C’s name was completed as of December 10, 2012 under the receipt of 49022 of the same registry office as of December 10, 2012.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 7 (including virtual number), the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The lawsuit of this case filed by the Defendants without the resolution of the legitimate clan general meeting is unlawful.

(b) The following facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 4, 11, 15, 17 through 28, 33, 35, 36. 44, 45, and 47 (including paper numbers):

1) Formerly, the Plaintiff’s representative was F, but filed a lawsuit seeking confirmation of the absence of the Plaintiff’s president’s status by the Jung Government District Court 201Kahap9829, and the above court decided on August 31, 201 that “F shall not perform its duties as the Plaintiff’s president, and F shall not appoint G as the Plaintiff’s president’s acting director during the period of suspension of performance of duties,” while the period of vicarious performance of duties was set at the time of the principal lawsuit. (ii) The Plaintiff convened an extraordinary general meeting on September 1, 2013 and convened an extraordinary general meeting on September 1, 2013 to grant the authority to bring the instant lawsuit to G from among the Plaintiff’s District Court 20 members present and 24 members present the power of attorney.