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(영문) 창원지방법원 2017.03.29 2016가단111167
소유권이전등기
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1. All of the instant lawsuits are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The Plaintiff’s cause of the instant claim is as shown in the “Cause of Claim” as stated in the separate sheet, and the real estate stated in the purport of the claim is title trust with the Defendants, and the Plaintiff terminates the title trust with the delivery of a duplicate of the instant complaint and seeks the registration of ownership transfer accordingly.

2. Therefore, prior to the judgment on the lawfulness of the instant lawsuit, the instant lawsuit is deemed lawful, prior to the judgment on the merits.

(1) The plaintiff is a so-called clan which constitutes an unincorporated association, and the lawsuit filed by an unincorporated association shall be lawful by a person who has a legitimate power of representation.

The lawsuit of this case is obvious in the record that the non-party B, who is the representative of the plaintiff clan, delegated the litigation performance, such as filing a lawsuit, to the law firm C, and brought a lawsuit by the attorney D, etc.

However, the above B is a legitimate representative of the plaintiff clan, the so-called clan representative, and the so-called clan shall be elected at the general meeting of the members of the clan unless otherwise stipulated by the rules of the clan. According to the rules of the clan (No. 4-1) submitted by the plaintiff, the rules of the clan (No. 4-1) stipulate that one chairperson and the general affairs, etc. shall be placed as the officers of the plaintiff clan (Article 7). However,

Therefore, the election of the president under the rules of the plaintiff clan should be made at the general meeting of the clan members.

(Article 11 of the above Code provides that an executive officer may be dismissed by a resolution of the general meeting if he/she violates or withdraws from the regulations. According to this provision, the above provision shall be interpreted to the effect that the election of an executive officer is stipulated as the authority of the general meeting). However, according to the evidence No. 5, the above B was elected as the chairperson at the meeting of the board of directors held on January 7, 2016, and therefore, the above provision shall not be deemed a legitimate representative of the plaintiff clan, and its representative shall be registered in the

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