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(영문) 서울중앙지방법원 2018.06.21 2017가단5227670
문장지위 원천무효 및 손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C’s clans (hereinafter “C’s clans”) are the clans created for the purpose of protecting the graves of the clans, managing the properties of the clans, and promoting friendship among the members of the clans, and the Plaintiff and the Defendant are the members of C’s clans.

B. On February 27, 2011, among Class C, held an extraordinary general meeting (hereinafter “special meeting in 2011”) and passed a resolution as shown in attached Table 1, such as dismissal of all officers including the Plaintiff, and appointment of F as president, during the attendance of 13 members. (c) On May 2011, F, appointed as president at the extraordinary general meeting, convened a clan general meeting around 2013, and accordingly C, on May 25, 2013 (hereinafter “special general meeting”), held a temporary clan meeting on May 25, 2013, and made a resolution as shown in attached Table 2 in the presence of 17 members.

On March 10, 1935, the land listed in Attachment 4 Paragraph 6 (hereinafter “instant land”) was registered for transfer of ownership in the name of H on March 22, 1935.

After that, on January 10, 2012, the registration for the correction of the indication of the registered titleholder was completed, which changed the name of the registered titleholder from “H type” to “C type” on the ground of erroneous discovery on January 31, 2012. On the same day, the registration for the change of the indication of the registered titleholder was completed by changing the name of the registered titleholder from “Ypo-gun I” to “J apartment in Gyeonggi-do Kimpo-si, 101 Dong 1401.”

E. From May 31, 2013, Class C sold the instant land to K, and completed the registration of ownership transfer with the transaction amount of KRW 168,00,000 on June 12, 2013.

F. Thereafter, in order to preserve the right to claim the cancellation of the registration of ownership transfer registration against Class C, the Plaintiff asserts that he/she is the owner of the land specified in attached Form 4(1) through (5) and to preserve the right to claim the cancellation of the registration of ownership transfer registration against Class C, the Plaintiff filed an application for provisional disposition of prohibition of real estate disposal with the Incheon District Court Branch Branch Office 2013Kahap437,

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