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(영문) 의정부지방법원고양지원 2015.01.30 2014가합53936
소유권이전등기말소 등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.(a)

Attached Form

The registration of ownership transfer was completed according to each sales contract concluded between G and Defendant C, D, E, and F as stated in the list of claims as to each land stated in the list, and the registration of the right to collateral security and superficies was completed in the name of Defendant C, C, D, E, and F as to each real estate listed in the attached list.

B. The plaintiffs are members of the clan from among the G clans.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 1 to 8

2. The plaintiffs asserted that each of the above contracts is null and void since the clans entered into a sales contract with the defendant C, D, E, and F without a resolution of the general meeting of the clans, and that each of the above contracts is sought to cancel the registration of ownership transfer and the above right to collateral security and superficies registered accordingly for the preservation of the clans property.

3. The lawsuit concerning the property jointly owned by a non-corporate association may either be brought under the name of the general meeting of members, or may only be brought in the form of an essential co-litigation in the form of an essential co-litigation by all its members, even if they are the representative of the association or have undergone a resolution of the general meeting of members;

Even if a lawsuit cannot be a party to the lawsuit, and such a legal doctrine also applies where a lawsuit is brought as an act of preserving collective ownership property.

(1) The lawsuit of this case filed by an individual who is merely a member of G type as an act of preserving collective ownership is unlawful. (2) The lawsuit of this case is unlawful.

4. All of the instant lawsuits are dismissed.

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