소유권말소등기
1. The Defendant (Counterclaim Plaintiff)’s KRW 261,469,320 from the Plaintiff (Counterclaim Defendant) and its related thereto from August 30, 2013 to September 2015.
1. Determination as to the cause of the principal claim
A. (1) The Plaintiff is a clan consisting of descendants A. On October 201, 201, the Plaintiff sold land owned by the clan and convened an extraordinary general meeting by setting up a plan to purchase buildings, etc. in the name of the clan.
In a special meeting on October 16, 2011, a resolution was made to sell 92,525 square meters (21,490 square meters of the land in the instant dispute shall be divided into D, Chungcheongnam-si, June 25, 2012; hereinafter referred to as “instant land”) etc. of F forest in Chungcheongnam-si, Chungcheongnam-si, Special Metropolitan City at a special meeting on October 16, 201.
(2) On July 10, 2013, the Defendants entered into a sales contract with E to purchase the instant land as the Plaintiff (hereinafter “instant sales contract,” and the reported transaction amount is KRW 325 million). On August 20, 2013, each of the instant land among the instant land was registered as to one-half shares under the Defendants’ name (hereinafter “instant transfer registration”).
(3) On May 2, 2013, the Plaintiff’s clan G, etc. filed a lawsuit against the Plaintiff seeking confirmation of invalidity of the instant resolution (Cheongju District Court Decision 2012Gahap122) and rendered a judgment that the instant resolution was null and void, and the said judgment became final and conclusive on September 12, 2014.
(4) Meanwhile, Article 10 of the Plaintiff’s bylaws provides that acquisition and disposal of property, the sale price of which exceeds KRW 100 million, is stipulated as matters subject to the resolution of the general meeting.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, 3, 6, Gap evidence 21 and 24, the purport of the whole pleadings
B. Since the property owned by the clan belongs to the collective ownership of the members of the clan, it shall first comply with the management and disposition of the clan as stipulated in the clan regulations, and it shall be decided by the resolution of the general meeting of the clan unless the clan regulations exist, so even though it is done by the representative of the clan.