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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The status of the parties, etc. C clans (hereinafter referred to as the "C clans") shall be the clans comprised of descendants from D's 16 years of age grouped of D's 16 years of age grouped of D's 16 years of age group, and the defendant is the clans comprised of descendants of E's large children grouped of
Attached Form
The chairperson G and secretary H et al. of the clans selling each land indicated in the list referred to as the defendant's representative even though there was no resolution at the general meeting of the defendant, sold each land listed in the separate sheet (hereinafter "each land of this case") on January 30, 2004 in the name of the defendant, and completed the registration of ownership transfer in the name of I for each land of this case on December 29, 2004.
On the other hand, the defendant filed a lawsuit seeking cancellation of the defendant's ownership transfer registration, and the defendant died on May 2001 by the president J and the vice president K died on December 21, 2002. However, as seen above, G and H sold each of the land of this case, they held a general meeting on December 4, 2004 (hereinafter "general meeting of December 4, 2004") and elected L as the president.
On March 23, 2006, the Defendant filed a lawsuit seeking cancellation of ownership transfer registration in the name of I, which was completed in relation to each of the land of this case, with the Goyang Branch District Court 2006Gahap2438 (hereinafter referred to as the “previous lawsuit”).
I presented its proposal.
G, H, etc. selling each of the lands of this case to I in the previous lawsuit in the previous lawsuit was merely a member of the clan belonging to the defendant, and there was no right to sell the land of this case to I, and since G and H did not go through the resolution of the general meeting of the defendant, it was alleged that the selling of each of the lands of this case to I was null and void. However, on May 16, 2008, the above court was merely a separate name used by C in the course of registering each of the lands of this case owned by C, and even if the defendant is a member of the clan belonging to C, it is merely a separate name used in the course of registering each of the lands of this case.