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(영문) 의정부지방법원고양지원 2014.03.28 2013가합5336
소유권이전등기말소 등
Text

1. On January 1, 1980, Defendant B’s Office of Government of the District Court with regard to each land listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff clan is a clan established for the purpose of the number and religious services of the graves, and the friendship among the clan members by making the 15-year-old descendants D of C as a joint ancestor, and the defendant is the clan members of the plaintiff clan.

B. (1) Prior to the subdivision of each land listed in the separate sheet (hereinafter “each land of this case”) as indicated in the separate sheet, the land research division was listed in the land research division as the owner of the F, the Defendant’s increased portion of the land.

(2) On June 30, 1953, the registration of ownership preservation due to restoration was completed in the name of G and H.

(3) In accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate on January 19, 1980, the registration of ownership transfer (hereinafter “the registration of ownership transfer”) was completed in the Defendant B’s name on the ground of sale as of February 10, 1973, and the land listed in the separate sheet 2 and 3 was divided on February 22, 1973 and June 25, 1986.

(4) On July 23, 2009, the registration of creation of a superficies (hereinafter “registration of creation of superficies of this case”) was completed on each of the lands listed in the separate list 1 and 3, with the maximum debt amount of KRW 390,000,000,000,000 for the debt amount of KRW 39,000,000,000 for the debtor B, the mortgagee B, and the defendant Pakistan Livestock Cooperative (hereinafter “the registration of creation of a superficies of this case”). On the same day, the registration of creation of a superficies of this case was completed on each of the lands listed in the separate

C. On April 24, 2013, the Plaintiff clan decided to hold an extraordinary general meeting and file the instant lawsuit.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. Defendant B, based on the world or family clan, identified the members of the Plaintiff’s clan and individually identified them, but omitted and carried out an extraordinary general meeting on April 24, 2013.

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