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(영문) 인천지방법원부천지원 2015.04.01 2014가합3046
소유권이전등기
Text

1. Defendant B, C, and D with respect to each of 1/3 of the 3,061 square meters of the F in Kimpo-si, Kimpo-si, Defendant B, June 8, 2014, and Defendant.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan, among the species of Class G, formed for the purpose of protecting graves of H (the 19th descendants of J, IC) and promoting friendship between his descendants and his descendants, and the defendant B, C, and D are the members of the plaintiff's clan, and the defendant E is the son of K, who is the shot of the defendant Eul.

B. Defendant B, C, and D (hereinafter “Co-owners”) completed the registration of ownership transfer on January 12, 1965 with respect to each of 1/3 shares of the instant real estate on the grounds of sale and purchase on December 31, 1964, and thereafter owned the said real estate until now.

C. On July 28, 2011, the Defendant co-owners concluded a sectional superficies contract with the Korea Electric Power Corporation on the instant real property with the owner of the superficies, the purpose of which is the Korea Electric Power Corporation, public space between 20 and 60 meters above the surface of the earth through which the transmission line passes, the duration of which is between 1,517 square meters and 1,517 square meters, and the duration of which is between 125,531,750 square meters from the date of conclusion of the contract, and the time of payment of which is the temporary payment, and completed the registration of the establishment of the sectional superficies on August 2, 201.

(hereinafter referred to as the “instant superficies”) D.

On April 6, 2012, Defendant B entered into a mortgage agreement with Defendant E, the debtor, K, and the maximum debt amount of which shall be KRW 300,000,000 with respect to the share of 1/3 of the instant real estate owned by Defendant B among the instant real estate, and completed the registration of creation of a mortgage on April 10, 2012.

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”).

On March 14, 2014, the Plaintiff made a resolution to elect L as president by holding a clan general meeting, to establish the rules of the Plaintiff, and to file the instant lawsuit against the Defendants in order to recover full ownership of the instant real estate.

F. On August 14, 2014, the Plaintiff again held a clan general meeting and ratified all resolutions made by the said clan general meeting on March 14, 2014.

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