logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.11.24 2016나11649
소유권이전등기
Text

1. The part of the judgment of the first instance against the defendant of the plaintiff B shall be revoked.

2. Plaintiff B’s claim against the Defendant

Reasons

1. Facts of recognition;

A. In a lawsuit between the plaintiff A clan (hereinafter referred to as "the plaintiff's clan") and the defendant, the Jeonju District Court 201Gahap2922 decided that the defendant ordered the plaintiff's clan to take procedures for ownership transfer registration of each of the shares in this case (hereinafter referred to as "the preceding judgment of this case") on the ground that the plaintiff's clan transferred a title trust to the defendant with respect to the shares owned by the defendant (hereinafter referred to as "each of the shares in this case"), among each of the real estate listed in the attached Table, and terminated the title trust,

(F) On April 27, 2015, F.M. 2,146 square meters was divided into F. F. F. 2,032 square meters and G. 114 square meters in Seosan-si.

Plaintiff

Although a clan tried to complete a registration of ownership transfer for each of the instant shares in accordance with the preceding judgment, it failed to complete the registration of ownership transfer as it failed to obtain the qualification certificate for acquisition of farmland pursuant to the provisions on restrictions on farmland ownership under Article 6 (1) of the Farmland Act.

C. Accordingly, on November 9, 2013, the Plaintiff clan convened an extraordinary general meeting and made a resolution to complete the registration of ownership transfer with respect to each of the instant shares under title trust to Plaintiff B (hereinafter “instant resolution”).

【Ground of recognition】 The fact that there is no dispute, Gap's 5, 7, 8, and 9 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the plaintiffs' clans established the title trust of each of the shares of this case to the defendant, they terminated the title trust, and they again trusted each of the above shares to the plaintiff Eul, the defendant is obligated to implement the procedure for the registration of ownership transfer to the plaintiff B.

B. Although Defendant 1’s clan should make all the descendants who jointly set up HC 34 descendants as the group of the HC 34 descendants as the group of the members, Defendant 1’s clan shall make only the descendants who jointly set up HC 39 descendants as the group of the members, and the descendants of “I” as the group of the members.

arrow