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(영문) 전주지방법원 2018.03.22 2016나8940
소유권말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The summary of Defendant B’s defense in the judgment on the previous defense of the merits of this case was filed by ① non-representativeO, and ② it is unlawful as it did not undergo a resolution of the general meeting.

Judgment

According to the evidence Nos. 16, 22, 23, and 24 of the judgment as to the defense that a person without representative authority files a lawsuit, it is reasonable to deem that the plaintiff clan is a legitimate representative authority of the plaintiff clan, since Article 13 of the Rules provides that the chairperson of the union shall represent the plaintiff clan, at the extraordinary general meeting on July 4, 2015, the O was elected as an extraordinary meeting, and on December 10, 2015 (the last day of October of the year), the O approved the O as the chairperson at the ordinary meeting on December 10, 2015.

Therefore, we cannot accept this part of the defendant's defense.

According to the statement of Gap evidence No. 2 regarding the defense that there was no resolution of the general meeting for the filing of the instant lawsuit, since the plaintiff clans made a resolution for the filing of the instant lawsuit at the special meeting of November 2, 2015, the above defendant's defense is not accepted.

The fact of recognition of the decision on the merits is that the J clan (hereinafter referred to as the "J clan") is a clan that is composed of descendants of the 14 years old members of SC as a joint ancestor, and the plaintiff clan is a clan that is a U's descendants as a joint ancestor.

Plaintiff

On January 13, 1994, a clan completed the registration of ownership transfer on the ground of donation on November 25, 1958 with respect to the land of which 162 square meters (hereinafter "the land of this case") before the R of Jeollabuk-do, Seoul Special Measures Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter "Special Measures Act").

After that, the registration of transfer of ownership in Defendant B’s name (hereinafter “registration in Defendant B”) was completed as of December 1, 2014 by the Jeonju District Court No. 143762, Oct. 2, 2014, and the next registration office received on January 20, 2015.

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