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(영문) 수원지방법원 2018.12.05 2017가단33335
소유권이전등기말소등기
Text

1. The Defendant (Counterclaim Plaintiff) is the Suwon District Court registry office with respect to the Plaintiff (Counterclaim Defendant) with respect to the size of 622 square meters prior to C in Sungsung-si.

Reasons

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) is an organization that commemorates the Plaintiff’s 6th class of the Driri E, the Daesan Station, and the other 6th class.

B. The instant real estate was originally owned by the Plaintiff. On August 29, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) completed the ownership transfer registration based on the sale on July 16, 2012 (hereinafter “instant ownership transfer registration”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 9 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The registration of transfer of ownership of this case, which is completed in the name of the defendant with respect to the real estate of this case asserted by the plaintiff, is null and void without the plaintiff's legitimate resolution.

B. Judgment 1) Since the clan properties owned by the members of the clan belong to the collective ownership of the members of the clan, the management and disposition shall first be governed by the resolution of the clan general meeting, and since the disposition of the clan properties by the representative of the clan is null and void without following such procedures, even if the disposition of the clan properties is made by the representative of the clan, the legal principles of the expression representative shall not apply mutatis mutandis to the disposition of the clan properties (see, e.g., Supreme Court Decisions 96Da18656, Aug. 20, 1996; 200Da22881, Oct. 27, 2000; 201Da57679, Feb. 8, 2002; 2001Da57679, Feb. 1, 2002; 2001Da1732, Feb. 1, 2000).

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