소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion is a religious organization established on April 8, 1955 for the purpose of religious business of a religious project of a religious project of a religious spaculical spaculty based on the Korea Culture and Arts Academy.
Attached Form
Each real estate indicated in the list is owned by the plaintiff constructed by the plaintiff's members. On October 4, 197 and May 7, 1997, the plaintiff trusted the above real estate under title C and completed the registration of ownership transfer and registration of ownership transfer in the name of B, which he was the plaintiff. Pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name, the above title trust agreement between the plaintiff and C is null and void. Since the registration of ownership preservation and the registration of ownership transfer in the name B is invalid, the defendant is obligated to implement the registration procedure for ownership transfer for each of the above real estate to the plaintiff who is the owner.
2. Determination on the lawfulness of the instant lawsuit
A. We examine ex officio the lawfulness of the instant lawsuit.
According to the plaintiff's assertion, the plaintiff constitutes an unincorporated association as a religious organization, and the form of ownership of an unincorporated association is jointly owned, and Article 265 of the Civil Act concerning the preservation of jointly owned property cannot be applied to the preservation of jointly owned property. Since a resolution of a general meeting of members under Article 276 (1) of the Civil Act or a resolution pursuant to the articles of incorporation has been passed, or the procedure has been followed pursuant to the articles of incorporation. Thus, even where the plaintiff, as an unincorporated association, files the lawsuit of this case as an act of preserving jointly owned property, the resolution of the general meeting of members
(see Supreme Court Decision 2012Da112299, 112305, Feb. 13, 2014). In addition, for the resolution of the above assembly, each person shall be given an opportunity to participate in meetings and discussions and resolutions by notifying all the notified members unless otherwise stipulated in the articles of incorporation. In addition, the notification of convening a meeting is lacking.