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(영문) 대전지방법원 2016.09.09 2014가합5764

소유권이전등기 등

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against Qua, expressed as the Plaintiff’s chairperson.

Reasons

Facts of recognition

The plaintiff is a clan set up in the R's 24 years old-old S, and the defendants are co-owners of each real estate listed in the attached list (hereinafter "the land of this case").

The plaintiff filed the lawsuit of this case by asserting that since the land of this case was owned by the plaintiff clan members and the 30-year-old descendants among the members of the plaintiff clan and contributed to the plaintiff clan members as the members of the fraternity, the plaintiff clan held title trust to U, V, W, and X. The defendants were those who inherited or donated the land from each of the above title trustees, the registration name should be transferred or cancelled following the termination of the plaintiff clan's title trust.

[Reasons for Recognition] A, Gap evidence Nos. 1, 2, 12 through 19 (including each number; hereinafter the same shall apply), Eul's each statement of evidence Nos. 17 through 19, and Eul's whole purport of the pleading as to the defendant's defense prior to the merits of the lawsuit in this case, the general assembly and the board of directors of July 26, 2014 for the filing of the lawsuit in this case, are questionable as to whether the first meeting itself was properly held, and ② domestic affairs were held.

Even if the person with the authority to convene it is wrong and invalid.

Therefore, there is no legitimate representation authority for Q elected by the president in this process.

As a result, the instant lawsuit is unlawful.

Judgment

On July 21, 2014, Y, Z, Q, K, and A prepared the meeting minutes of the general meeting to the effect that the general meeting of the clan was held, Q and K had been held on July 26, 2014, with the contents that the general meeting of the plaintiff clan was convened to 78 members of the clan on July 21, 2014. The general meeting minutes of the plaintiff clan were held on July 11:00 on July 26, 2014.

The list of participants shall be as follows:

The clan Regulations shall be followed by the K's proposal in accordance with the progress of K's society.