beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a member of the clan D (hereinafter “instant clan”).
B. On March 7, 2016, the instant clan made a resolution to hold an extraordinary meeting and sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On November 13, 2016, the instant clan made a resolution to the effect that a general meeting is held on November 13, 2016, and again ratified the sales contract for the instant real estate.
C. On April 15, 2016, the instant clan entered into a sales contract for each of the instant real estate (hereinafter “instant sales contract”) with the Defendants by setting the sales amount of KRW 500 million, and completed the registration of ownership transfer in the name of the Defendants, as stated in the purport of the claim.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 5 and 8 through 11, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The plaintiff's claim 1) The sales contract of this case was concluded without the resolution of the legitimate clan general meeting of the clan of this case, and the registration of ownership transfer in the name of the defendants is also null and void. The plaintiff, which is the ground of the clan of this case, has the right to use and benefit from each of the real estate of this case, and the plaintiff does not exercise the right to claim cancellation of the registration of ownership transfer registration in the name of the defendants against the defendants. Thus, since the clan of this case does not exercise the right to use and benefit from each of the real estate of this case as the right to preserve, the plaintiff's right to use and benefit from each of the real estate of this case is the right to preserve,
B. Article 276(1) of the Civil Act as to whether an action of this case can be brought as an act of preservation shall be governed by a resolution of a general meeting of members,” and Article 276(2) of the same Act shall be “each member shall use and benefit from collective ownership in accordance with the articles of incorporation or other regulations.”