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(영문) 대구지방법원 김천지원 2018.09.19 2018가단462
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

A. The Plaintiff is a clan consisting of men aged 20 years or older among the damage from the Dam branch, and the real estate listed in the separate sheet No. 1, which is the Plaintiff’s owner, is 1/2 shares each to the Defendant and E, 1/2 shares each to the Defendant and F, and the real estate listed in the separate sheet No. 3, which is entirely nominal trust to the Defendant.

(hereinafter referred to as “each of the instant real estates” in the attached list b).

On November 19, 2017, the Plaintiff convened a general meeting (hereinafter “instant general meeting”) and appointed C as the Plaintiff’s representative, and decided to terminate the title trust of each of the instant real estate and register the ownership transfer in the name of the Plaintiff.

C. Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground that the Defendant’s share among each of the instant real estate is terminated on title trust.

2. Whether the lawsuit of this case is lawful

A. The defendant asserts that the lawsuit of this case is unlawful because it was filed without the resolution of the general meeting of the valid clans, and this is first examined.

B. The management of collective property shall be carried out by a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, it shall undergo a resolution of the general meeting of members pursuant to Article 276(1) of the Civil Act, barring special circumstances. Thus, even where a clan, which is an unincorporated association, files a lawsuit as the management or preservation of collective property, it shall undergo

On the other hand, since the clan rules which arbitrarily restrict the qualification of some members are null and void in violation of the essence of the clan itself, the resolution of the general assembly which is made in the state of arbitrarily restricting the qualification of some members according to such rules is invalid.

C. In light of these legal principles, the instant case is health, and the Plaintiff’s clan rules.

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