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(영문) 대전지방법원 2017.04.20 2015가합104736
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

The premise is that the plaintiff was the owner of the land of this case as a clan comprised of the members of the clan A (hereinafter referred to as the "Plaintiff clan").

Plaintiff

On May 19, 2012, a clan held a board of directors to appoint D as the new representative of the instant clan, and passed a resolution to sell the instant land to Defendant B (hereinafter “instant clan resolution”).

At the time of the instant clan resolution, eight members, including the Defendant Intervenor (hereinafter referred to as the “ Intervenor”), including D, F, G, H, I, J, and K, were present, and all the members expressed their intention to agree on the agenda.

In accordance with the resolution of the instant clan, on May 23, 2012, the Plaintiff clan entered into a contract to sell the instant land to Defendant B for KRW 4.3 billion (hereinafter “instant sales contract”). Of the sales price, KRW 2 billion was transferred to the account in the name of the Plaintiff clan, and the remainder KRW 2.3 billion was paid as the sales revenue of the building newly constructed on the instant land by Defendant B.

On May 23, 2012, the date of the conclusion of the instant trade contract, Defendant B and Defendant KB trust concluded a sale management trust agreement (hereinafter “instant sales management trust agreement”) with the content that the instant land will build an officetel and a building for the purpose of neighborhood living facilities from 3 to 15 stories above ground (hereinafter “instant officetel”) and proceed with the sales business. The Daejeon East Saemaul Depository and the Daejeon Saemaul Depository, a loan institution, jointly with the Plaintiff as the first priority beneficiary, the Plaintiff’s clan as the second priority beneficiary, and the Defendant B as the debtor’s beneficiary.

Since then, according to the instant sales contract and the instant sales management trust agreement, the registration of transfer of ownership for the instant land was received on May 23, 2012 by the Daejeon District Court No. 54168, May 23, 2012, and the registration of transfer of ownership for the instant land was received on May 23, 2012 by the Defendant KF Trust as the receipt of the said court No. 54169

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