beta
(영문) 수원지방법원 2018.10.16 2016가합80843

소유권이전등기

Text

1. The Plaintiff:

A. Defendant B, C, D, E, F and Defendant (Appointed Party) are real estate listed in [Attachment List 1].

Reasons

1. In the event that the instant lawsuit filed by Defendant E and Defendant AF to determine the main defense of the instant lawsuit is unlawful without the Plaintiff’s resolution by the Plaintiff’s general meeting, and the purport of the entire pleadings is added to the entries in the evidence No. 5-1, No. 2, and No. 6, the Plaintiff notified 209 members of the general meeting to hold an extraordinary general meeting on July 6, 2017 and to hold an extraordinary general meeting and confirmed the instant lawsuit with the consent of all members present at the general meeting, the foregoing main defense of the safety is without merit.

2. We examine the claims against Defendant E, V, Defendant AF, Selected AG, and AH (hereinafter “the Defendants”), and the fact that the Plaintiff trusted each share in the attached list (2) with respect to each real estate listed in the attached list (1) to the said Defendants is not a dispute between the parties, and the fact that the Plaintiff’s declaration of intention to terminate the title trust to the said Defendants was delivered to the said Defendants on each date listed in the attached list (3) is apparent in the record. As such, the title trust agreement between the Plaintiff and the said Defendants was terminated.

Therefore, the above Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of each title trust with respect to each of the respective shares received in title trust to the Plaintiff.

3. Claim against the defendants other than the above defendants

A. The plaintiff to indicate the claim has held title trust of each share in the attached list (2) with respect to each real estate listed in the attached list (1). Since the title trust was terminated by serving a copy of the complaint of this case or a copy of the application for modification of the purport and cause of the claim, the defendants are obliged to implement the procedure for registration of ownership transfer based on the termination of each title trust with respect to each of the registered shares received

B. Article 208(3)1 of the Civil Procedure Act provides that a judgment with no basis for recognition shall be rendered.