logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2012.12.05 2012가단891
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion was the owner of the instant real estate under title trust with E and F2, and the Defendant inherited the title of 1/2 shares in the name of F with respect to the instant real estate upon the death of F. The Defendant is obligated to implement the registration procedure for ownership transfer on the ground of the termination of title trust with respect to the instant real estate’s 1/2 shares on the date of delivery of a copy of the instant complaint.

2. We examine whether C, claiming as the representative of the Plaintiff’s representative, has a legitimate power of representation to file the instant lawsuit on behalf of the Plaintiff.

The general meeting of a clan shall be convened by legitimate convening authorities, such as a member of the family who is qualified for the representative of the clan. In holding the general meeting of a clan, each member shall be given an opportunity to participate in the meeting, discussion, and resolution by individually informing all members of the family residing in Korea of their whereabouts clearly after determining the scope of the members of the clan subject to notification for convening the general meeting, except in extenuating circumstances. Thus, each resolution at the general meeting of a clan convened by a person without authority to convene the general meeting or held without a notification for convening some members of the clan shall be null and void. Each statement of subparagraphs 1 through 10 (including the virtual number) and witness G testimony shall be alone, at the time of the inaugural general meeting of the plaintiff clan on January 8, 2011, which was elected by C as the representative of the plaintiff clan, and there is insufficient evidence to recognize that the plaintiff individually notified the chairperson of the clan residing in Korea by understanding all members of the plaintiff, and there is no other evidence to prove that it was otherwise submitted.

arrow