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(영문) 수원지방법원성남지원 2016.10.26 2015가단23894
가등기의말소등기절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is a clan clan or a clan similar organization, the object of which is the 17th grandchildren, D 15th grandchildren, who were registered in Gwangju City by making the F of the 17th grandchildren in the Central City of Jung-si, who are registered in Gwangju City.

B. On June 2, 2015, the Plaintiff owned 1/2 shares of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On June 2, 2015, the Plaintiff completed the provisional registration made by the Defendant on June 2, 2015 (hereinafter “each of the instant provisional registrations”) on the ground of a pre-sale agreement on June 2, 2015 with respect to 1/2 shares of each of the instant real estate owned by the Plaintiff.

C. Each of the provisional registrations of this case must be cancelled as a ground invalidation.

2. The defendant asserts that the defendant's judgment on the main defense is not the plaintiff's representative.

According to the statements in Gap evidence Nos. 1-1 and 2, the 1/2 shares of each real estate of this case are registered as owned by the plaintiff who is the representative of H.

Therefore, in order for C to be recognized as a legitimate representative of the Plaintiff, it should be recognized that H has legally transferred the power of representation from H to C.

However, it is not sufficient to recognize the evidence of No. 2-1 to No. 33 only with the statement of No. 33, and there is no other evidence to prove it.

Therefore, C cannot be seen as a legitimate representative of the Plaintiff.

3. As such, the instant lawsuit is dismissed as it is instituted by a person who has no legitimate power of representation.

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