(영문) 서울중앙지방법원 2014.07.10 2012가단315140

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(영문) 서울중앙지방법원 2014.07.10 2012가단315140

소유권이전등기말소 등

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1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of the lawsuit shall be borne by E who is represented by the plaintiff.

Reasons

1. The summary of the Plaintiff’s assertion is the instant lawsuit, and the name of the owner on the register of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is owned by Defendant B, or the actual owner, but the Defendants disposed of each of the instant real estate without a resolution passed through a clan general meeting, and thus is all null and void.

Therefore, the Plaintiff seeks confirmation of the cancellation of ownership transfer registration and the ownership of the Plaintiff against the Defendants.

2. Whether the lawsuit of this case is lawful

A. The defendants, including the summary of the defense before the bill, understand all the members of the clans possible to call a notice, and omitted it, and they appointed E as the representative at an illegal general meeting as above, so they asserted that the lawsuit of this case brought on behalf of the plaintiff by the E appointed by the resolution of the improper general meeting of clans is unlawful.

B. The appointment of a clan representative, including related legal principles, shall be made according to the regulations or general practices of the clan, and if not, the head of the clan or the head of the door shall convene the clan and elect it by a resolution of a majority of the members present. In the absence of the regulations or practices regarding the appointment of a clan, the head of the clan or the head of the door shall not be appointed in the usual, but the head of the clan or the head of the door is the highest and the age of the members of the surviving clans shall be the head of the clans, and shall notify the members who are obvious that they have resided in the Republic of Korea, and shall convene the general meeting and appoint a representative of the clans at the meeting (see, e.g., Supreme Court Decision 96Da25715, Nov. 14, 1997; and the general meeting of the clans shall individually notify all members of the fact that they have resided in the Republic of Korea and are able to be notified individually, and shall not have a notice for convening a clan.

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