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(영문) 수원지방법원 2014.09.04 2013가합3661
부동산매매계약무효확인
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. Between the Plaintiffs and Defendant K, Defendant K on June 2012.

Reasons

1. The Plaintiffs are residents of the Silung-gu L, Young-si, and Defendant K is a village community in the form of natural village in which anyone becomes its members and its members are changed due to the movement of residents in the future.

On December 18, 1969, the residents of Yong-si in the village completed the registration of preservation of ownership on the 1,642 square meters of the 1,642 square meters prior to the O in Yeongdeungpo-gu, Yong-si, for the sake of remaining as the proprietary property of the village. The registration of preservation of ownership was completed in the name of the village, and the 1,642 square meters prior to the O in Yeongdeungpo-gu, Young-gu, Young-si was divided into each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

On December 21, 2012, Defendant K sold real estate listed in attached Table 1 to Defendant I for KRW 450 million, and completed the registration of ownership transfer on January 16, 2013.

On January 7, 2013, Defendant K sold the real estate listed in attached Table 2 to Defendant J for KRW 450 million, and completed the registration of ownership transfer on January 11, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1 through 16, Gap evidence 4-1 through 7, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is that each of the instant real estate is jointly owned by Defendant K, and thus, in order to sell the real estate and distribute the proceeds therefrom, there must be a resolution of the general assembly of the organization composed of the entire residents of K. However, P, etc., who is a passbook, sold each of the instant real estate to Defendant I and J without a legitimate general assembly resolution

Therefore, since both the sales contract for the real estate in the attached Table No. 1 entered into between Defendant I and Defendant K and the sales contract for the real estate in the attached Table No. 2 entered into between Defendant J and Defendant K are invalid, it is necessary to confirm the invalidity thereof.

B. Whether the main part of the instant lawsuit is legitimate (1) the Plaintiffs’ standing to sue.

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