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(영문) 울산지방법원 2018.07.04 2017나24175
소유권이전등기절차이행
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a clan that is a 17-year old E by-products and whose adult descendants are its adult descendants.

B. E maintained a marriage by marriage with N and died on November 18, 1918, and married with N on March 5, 1919.

P and Q are children between E and N, H, G, R, and F are children between E andO, and I are children between E andO.

J and K are P's children, C is H's children, and the defendant is R's children.

C. On December 3, 1929, E completed the registration of ownership transfer on the instant real estate on the ground of sale and purchase on February 15, 1929, with the first wife, on December 3, 1929, among the owners of 2,866 square meters in Yangsan-si M (hereinafter “instant real estate”).

R, the third children of theO, completed the registration of ownership transfer concerning the instant real estate due to sale on February 1, 1946 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of General Farmland (No. 1657) on December 29, 1964.

E. After that, as R died on June 17, 1978, the Defendant, S, T, U, and V, who is the heir of R, completed the registration of ownership transfer of the instant real estate on October 2, 1978 by reason of inheritance.

F. On November 2, 1978, on November 1, 1978, S, T, U, and V, who are the remaining inheritors other than the Defendant, completed the registration of transfer of the ownership of each party’s shares on the grounds of sale and purchase.

Accordingly, the Defendant was registered as a sole owner of the instant real estate.

G. On May 14, 1984, the Defendant completed the registration of the combination with H, G, F and himself as a joint owner of the instant real property on May 17, 1984.

H. The above H died on June 12, 1993, G on August 23, 2002, and F died on December 10, 2016, after the instant lawsuit was instituted.

(i) On August 28, 2016, C opened the Plaintiff’s general meeting without convening a notice for convening a clan member, and ten clan members attended the above general meeting.

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