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(영문) 창원지방법원 2017.10.11 2016가단118304
소유권말소등기
Text

1. The Defendants: (a) on each of 1/4 shares of F forest land 8,628 square meters in the window of Changwon-si, Changwon District Court; (b) on January 2, 2014.

Reasons

1. Basic facts

A. The descendants of I and J siblings, among the descendants of G, have organized and operated a clan similar organization in the process of building K and gathering K every year in K to commemorate G et al. and felizing religious services.

B. While the descendants of I and J jointly manage the properties of similar organizations of the clans, they decided to complete the registration of ownership transfer in the future of the clans on January 1, 1994. Accordingly, a similar organization of a clan has completed the registration of ownership transfer in the name of the plaintiff according to the name of I among the clans, and completed the registration of ownership transfer on the land indicated in the order, which is the property of a similar organization of a clan, on October 28, 1994.

C. According to the Plaintiff’s rules amended on March 22, 2009 (hereinafter “instant rules”), matters concerning the acquisition and disposal of property were prescribed as a matter of resolution by the board of directors, but Article 18 of the said rules.

1. (2) The Plaintiff’s board of directors makes a resolution to sell land indicated in the order two times on January 4, 2014 and January 24, 2014 (hereinafter “instant resolution by the board of directors”).

(B) On January 6, 2014, the Defendants entered into a contract with the Defendants for sale of KRW 180,000,000, and completed the registration of ownership transfer on February 7, 2014 with respect to each of the 1/4 shares in the land indicated in the order to the Defendants on February 7, 2014. [No dispute exists as to the grounds for recognition, and the purport of the entire statements and arguments as to each of the 1/4 shares in the order.]

2. The parties' assertion

A. Although the Plaintiff was composed of the descendants of Plaintiff I and J, the instant rules amended on March 22, 2009, which was the time when I was operated solely by descendants of Plaintiff I and J, and accordingly the resolution by the board of directors of this case, which was made on January 4, 2014 and January 24, 2014, shall be null and void.

Therefore, the sales contract concluded between the plaintiff and the defendants on the land indicated in the order is to dispose of the clan property.

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