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(영문) 수원지방법원 2017.10.17 2017가합12151
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 B씨(B氏) 26대손 C의 고손자인 29대 D을 공동선조로 하는 종중이다.

B. On March 14, 2007, the Plaintiff held an extraordinary general meeting and passed a resolution to elect E as the representative of the Plaintiff (hereinafter “instant resolution”) while the 15 members present at the meeting of 15 members.

C. The Plaintiff F filed a lawsuit against the Plaintiff seeking confirmation that the instant resolution was null and void (Cheongju District Court 2010Gahap269). On June 18, 2010, the said court accepted the F’s claim with the purport that “the instant resolution was made at an extraordinary general meeting held without giving a notice to some of the members, and its defect is so seriously null and void,” and the said judgment is the same year.

7. 15. A final and conclusive date:

On the other hand, the Plaintiff opened each extraordinary general meeting on June 30, 2012 and December 7, 2013, and resolved to dispose of each land listed in the separate sheet (hereinafter collectively referred to as “instant land”). On December 15, 2014, the Plaintiff concluded a sales contract with the content of selling the instant land to Defendant New Development Co., Ltd. (hereinafter “Defendant New Development”). As to the instant land, the Suwon District Court’s Suwon District Court registry as of August 30, 2016, the ownership transfer registration under the name of Defendant New Development was completed.

E. As to the instant land thereafter, the Defendant Namyang Savings Bank (hereinafter “Defendant Namyang Savings Bank”), the Defendant Samyang Mutual Savings Bank (hereinafter “Defendant Samyang Mutual Savings Bank”), and the Defendant Samyang Savings Bank (hereinafter “Defendant Samyang Savings Bank”), respectively completed the registration of creation of superficies as the registration office of establishment of each of the neighboring areas of the Suwon District Court No. 131798 received on August 30, 2016, and the registration of creation of superficies as the receipt date of the same registry office under Article 1317999.

【Ground of recognition】 An without dispute, Gap evidence 1, 2 (including paper numbers), Eul evidence 1, 2, 4, 8, 9, and the purport of the whole pleadings

2. The general meeting of the Plaintiff’s assertion.

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