logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.08.30 2017가단109748
소유권말소등기
Text

1. The defendant,

A. The Cheongju District Court shall have jurisdiction over each real estate listed in the separate sheet No. 1, 2006, Aug. 23, 2006.

Reasons

1. Facts of recognition;

A. The Plaintiff is a small class that consists of the 15 descendants of “G”, the latter grandchildren, in the Si group, and the Defendant also is the 12th grandchildren of G.

B. Around 2006, the Plaintiff purchased each of the real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) and entered into a title trust agreement with the Defendant who was the representative of the Plaintiff at the time of lack of farmland acquisition qualification. As to the real estate listed in the separate sheet No. 1, the Plaintiff obtained the consent of H on August 23, 2006, the seller, and completed the registration of ownership transfer in each of the Defendant’s future with the consent of the seller D on September 19, 2006.

C. In around 2007, the defendant tried to embezzled the compensation for the accommodation of a clan, etc., was removed from the clan representative, and thereafter, the plaintiff terminated the title trust agreement on the instant real estate.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5 (including paper numbers), Gap 7-2 and 3, the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s defense of this case’s lawsuit filed by the Defendant, which is a clan, without a resolution of the general meeting, is unlawful. Therefore, there is no evidence to prove that there was a resolution that the Plaintiff’s clan approved the instant lawsuit before the instant lawsuit was filed.

Meanwhile, according to the records of this case, there is no dispute between the plaintiff and the defendant that the plaintiff is included in the list of members of the clan. ② On January 3, 2018, the plaintiff sent a notice of call by mail to the members who known the address of the members of the clan and could contact with them, and on January 21, 2018, the members of the clan attended the site on January 35, 2018 and held the general meeting of the year 2018 (the delegation letter also submitted 17). ③ At the above general meeting, the plaintiff is deemed to continue to proceed with the pending lawsuit and enter the trial.

arrow