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(영문) 수원지방법원 2016.01.14 2015가합3948

소유권이전등기말소등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the representative of the plaintiff D (EE and Address: Young-gu F).

Reasons

1. Basic facts

A. The plaintiff is a village in the form of natural village in which anyone becomes a partner if he/she is allowed-si A (the name of the administrative district A was changed to I after it was changed to I) and its members are changed due to the movement of residents in the future.

B. On December 18, 1969, the village residents in Yong-si completed the registration of ownership preservation in the name of the Plaintiff, a village holder, with respect to the area of 1,642 square meters, which is the previous G of Young-gu, Young-gu, Chungcheongnam-si, for the remaining property of the village. On December 18, 1969, the registration of ownership preservation was completed in the name of the village owner, and on December 27, 2012, the area of 1,642 square meters prior to G was divided into

C. On December 21, 2012, the Plaintiff sold the instant real estate No. 1 to Defendant B for KRW 450 million (hereinafter “instant sales contract”); and on January 16, 2013, Defendant B completed the instant first ownership transfer registration.

After that, the registration of the establishment of the first place of the agricultural cooperative in the name of the defendant Dongan Agricultural Cooperative and the registration of the creation of superficies were completed with respect to the first place of the real estate in this case.

On January 7, 2013, the Plaintiff sold the instant 2 real estate to Defendant C for KRW 450 million (hereinafter “the instant 2 sales contract”); and on January 11, 2013, the Plaintiff completed the instant 2 ownership transfer registration in the future of Defendant C.

After that, the registration of the establishment of the second ownership of the Defendant Han Bank was completed in the name of Han Bank Co., Ltd. with respect to the second ownership of the instant real estate, and the registration of the transfer of the third ownership of the instant real estate in the name of Han Bank Co., Ltd. was completed with respect to the first /2 shares of

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 2, 6, Eul evidence Nos. 17 and the purport of the whole pleadings

2. The first and second sales contracts of this case, where the plaintiff's assertion 1 and second real estate are jointly owned by the plaintiff, so it is necessary to have a legitimate general meeting resolution of the organization composed of all residents of the plaintiff in order to distribute the sales proceeds by selling them.