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(영문) 부산지방법원 2019.05.28 2018가단313885
소유권이전등기
Text

1. Of the instant lawsuit, the part of the claim against the Defendants in the Plaintiff Class A is dismissed.

2. Plaintiffs B, C, and D are the Defendants.

Reasons

1. Facts of recognition;

A. The plaintiff A's clan (hereinafter "the plaintiff's clan") is a clan that consists of the descendants of Jmph 21 years of age K (L: L).

B. M was appointed as the representative of the Plaintiff clan on January 2, 1994, and died on April 10, 1997.

C. Defendant E was appointed as the representative of the Plaintiff clan on April 19, 2009.

N Around November 2016, the N died, and Defendant F, G, H, and I jointly inherited N’s property according to the ratio of their respective inheritance shares listed in the attached Table No. 3.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 10, 11, and the purport of the whole pleadings

2. The plaintiff's argument that the plaintiff's clan held title trust for 1/2 shares among the real estate listed in paragraphs 1 and 2 of the attached Table No. 4 and 5 of the same list among the real estate listed in paragraphs 1 and 2 of the attached Table No. 1. The plaintiff's clan held title trust for 1/2 shares among the real estate listed in paragraphs 4 and 5 of the attached Table No. 3 of the same list, and the defendant F, H and I jointly inherited N due to the death of N.

In addition, the plaintiff clan held the real estate listed in paragraph 1 of the attached Table 2 to N, and the real estate listed in paragraphs 3 and 4 of the same list to Defendant E respectively, and the share of 827/2,479 among the real estate listed in paragraph 2 of the same list is the property of the plaintiff clan registered in the name of the plaintiff clan.

Attached Form

(2) Each of the real estate listed in the list was admitted to Gohap-gun as agreed acquisition, and Defendant E received each of the real estate listed in the attached Table (2).

Meanwhile, the resolution of the general meeting of April 19, 2009 held by the plaintiff clan held after M was null and void, and Defendant E was not the legitimate representative of the plaintiff clan, but the representative of the plaintiff clan. Accordingly, the plaintiff clan held the special meeting on April 27, 2018 (hereinafter “the special meeting of this case”) and transferred the ownership of the real estate listed in the attached Table 1, 4, and 5, which was held in title trust to the defendants, to the defendants, and the real estate listed in the attached Table 1, 4, and 5 is transferred to the former land category.

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