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(영문) 서울중앙지방법원 2019.12.17 2018가단49940
소유권이전등기말소등기절차이행 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The Plaintiff asserted that D forest land 15,074 square meters (hereinafter “the instant forest”) was owned by the Plaintiff and completed the registration of preservation of ownership under the name of F, and completed the registration of ownership transfer under the Plaintiff’s name, and completed the registration of ownership transfer under the Plaintiff’s name G, H’s name, each 1/3 equity in the Plaintiff’s name. The Defendant completed the registration of ownership transfer under the Defendant’s name as to 1/3 equity in the instant forest land among the instant forest land, and completed the registration of ownership transfer under the name of the Defendant’s name, and completed the registration of ownership transfer under the Defendant’s name as to 1/3 equity

Therefore, the Defendant and the appointed party are obligated to take the procedure for registration of cancellation of each transfer of ownership completed with respect to the portion of 1/3 of the forest in this case to the Plaintiff, the owner of the forest in this case, and to transfer each of the above graves to

2. The defendant's judgment on the defendant's main defense is unlawful as the plaintiff's lawsuit of this case was filed by C, not the representative of the plaintiff.

Whether a representative has legitimate power in a case to which a clan is a party is a party is related to the requirements for litigation and thus, the court's ex officio examination is subject to the requirements for litigation (see, e.g., Supreme Court Decision 2007Da28598, Apr. 10, 2008). If the existence of such fact is unclear, the principle of burden of proof is applied to the case where the existence of such fact is unclear, and it is favorable for a clan to a clan

(See Supreme Court Decision 96Da39301 Decided July 25, 1997, etc.). In full view of the health account as to whether C is the representative of the Plaintiff, and the purport of the entire pleadings in the statement No. 1-1 of the evidence No. 1 of the Plaintiff Association Rule, Article 7(1) of the Rules of the Plaintiff Association provides that “The regular general meeting shall be held once every three years, and it shall be the last day of May of the year,” but the Plaintiff, without undergoing any convocation procedure on March 11, 2017, held a general meeting and elected C as the president, may be recognized.

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