(영문) 춘천지방법원 강릉지원 2018.01.09 2017가단30800

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2018.01.09 2017가단30800

소유권이전등기

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the defendants' main defense

A. The Defendants asserted to the effect that the instant lawsuit is unlawful as it did not undergo a resolution of the general meeting. (2) As to this, the Plaintiff asserts that there was a resolution for the institution of the instant lawsuit by a resolution of the general meeting of March 15, 2015.

B. Since the property owned by the clan belongs to the collective ownership of the members of the clan, the management and disposition of the clan shall first be governed by the regulations of the clan, and if there is no such regulations, the resolution of the general meeting of the clan shall be adopted (see, e.g., Supreme Court Decision 2000Da22881, Oct. 27, 200). According to the evidence No. 4, it is recognized that the plaintiff did not have any specific provisions concerning the management and disposition of the property of the clan, and therefore, the resolution of the general meeting of the clan shall be necessary for the submission of the lawsuit of this case for the management and disposition of the property of the clan.

However, according to the statements in Gap evidence 5, 28, and 30, the plaintiff sent to the members of the clan on March 15, 2015 the notice of convening an extraordinary general meeting for the case of the family property in the lawsuit, and the case of the family property in the lawsuit, "the family property registered in the name of the clan shall be transferred to the name of the clan, and the real property in the special meeting of March 15, 2015 shall be confirmed as the property of the clan and the lawsuit for the protection of the clan shall be entrusted to confirm that the above real property in the name of the clan is the property of the clan, and it is difficult to view that the resolution of the general meeting of this case for the purpose of transferring the real property in the name of the clan of this case is included in the resolution of the general meeting of this case.

유사 판례

-대법원 2000. 10. 27. 선고 2000다22881 판결

-창원지방법원마산지원 2019.01.17 2018가단506

-서울고등법원 2015.02.04 2014나2013707

-광주지방법원 2017.05.16 2017가단1146

-서울동부지방법원 2016.06.14 2016고정586