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(영문) 광주지방법원 2017.08.08 2016가단23682
소유권이전등기
Text

1. The plaintiff's lawsuit shall be dismissed.

2. The plaintiff co-litigants' claims against the defendants are all dismissed.

3...

Reasons

1. On February 2, 1980, the Plaintiff’s assertion by the Plaintiff and the Plaintiff’s co-litigants purchased a 3002m2m2 (hereinafter “instant land”) from among the doors consisting of descendants, who made a joint selection of M, and registered the ownership transfer of the instant land in the name of the said 7 persons in the name of Nonparty N, Defendant J, I, I, P, Q, R, etc., each of 1/7 shares for the Plaintiff’s clan.

However, in collusion with Defendant K, Defendant I donated his share to Defendant K, completed the registration of ownership transfer stated in the purport of the claim, and on September 27, 2008, Defendant D, E, F, G, and H inherited his share of the network N according to each statutory inheritance share.

Since Defendant D, E, F, G, H, I, and J have a duty to implement the procedure for the registration of ownership transfer due to the change of the title trustor against the Plaintiff co-litigants with respect to each of the pertinent shares stated in the purport of the claim out of the instant land, since the Plaintiff terminated the title trust with respect to the said seven co-litigants, and the instant land was decided to title trust to the co-litigants, Defendant D, E, F, G, H, I, and J have a duty to implement the procedure for the registration of ownership transfer registration as to one-seven shares out of the instant land. Since the ownership transfer registration of Defendant

2. Whether the plaintiff's lawsuit is legitimate

A. Defendant I did not have a legitimate resolution of the literature general assembly with respect to the disposal and filing of a lawsuit on the land of this case. Defendant I raised a safety defense to the effect that Defendant B was not a legitimate representative appointed by a resolution of the lawful literature general assembly, since it was not a legitimate representative appointed by the lawful literature general assembly because B did not have any confidence among the literature members without obtaining a new representation among the literature members and opened a large number of door-to-door meeting and received a recommendation of the entire literature.

(B) The remaining Defendants except Defendant I are judged ex officio in respect of the lawsuit.

Judgment

(1) On May 12, 1997, the Plaintiff’s first priority over the enforcement of the Plaintiff’s regulations on May 12, 1997.

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