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(영문) 수원지방법원 2017.10.24 2016가단522272
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (the process of a lawsuit to cancel related ownership transfer registration);

A. The title is the same as that of the E-Class Association.

However, since the identity of this organization and the plaintiff in this case is a major issue, it will be examined below.

A(hereinafter referred to as “A”) filed a lawsuit against the Defendants, Non-Party Woo Construction Co., Ltd., D non-real estate trust Co., Ltd., Korea Asset Trust Co., Ltd., and Masco Construction, seeking the implementation of each procedure for registration of cancellation of ownership transfer in the name of each Defendants with respect to Franco’s forest 13,896 square meters (hereinafter referred to as “sub-owned real estate”).

(1) The first instance court: Suwon District Court Decision 2012Gahap8396, the appellate court: Seoul High Court 2013Na41341, the Supreme Court 2014Da59057, the Supreme Court hereinafter referred to as "the cancellation of ownership transfer registration").

The first instance court dismissed both the claims against the Defendants by Gap (A), and the appeal by Gap (A) was dismissed, and the Supreme Court also dismissed the appeal.

The reasons why A’s request is dismissed in the cancellation case of ownership transfer registration are as follows:

The actual substance of Gap shall be the owner of the entire immovable property, once the claim of Gap is reasonable.

The actual substance of the register is that the owner of the real estate in the register of the previous clans is only the same name in order to avoid confusion of the clans of this case, and it does not regard the clans of this case as a similar organization of the clans of this case or as a unique clan in itself.

“......”

The clan Association of this case is an organization registered with the head of Gyeonggi-do as a registration number I on December 16, 1990 with the representative H on December 16, 1990. The rules of the clan Association of this case are as follows. [The purpose of the clan: the clan Association of this case is to promote the friendship of the clan members and to promote mutual assistance and to promote mutual cooperation and to contribute to the ancestor development.

Article 3:The member of the Council shall Jmph.

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