(영문) 광주지방법원 2018.02.01 2017가합56860

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(영문) 광주지방법원 2018.02.01 2017가합56860

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) Y clans Association (hereinafter “the clan of this case”) entered into a title trust agreement with the net Z, net AA, network AB, Defendant W, and X on each of the real estates listed in the separate sheet No. 1 attached to the clan of this case (hereinafter “each of the real estates of this case”). On June 18, 1979, the registration of ownership transfer for each of the real estates of this case was completed on the joint names (each of 1/5 shares) of the above clans on December 20, 1972.

(2) On February 15, 2016, Gwangju Metropolitan City Mining District shall complete the registration of transfer of ownership based on a consultation on public land acquisition with respect to one-fifth share in the name of the network among the real estate listed in attached Table 1 List 5.

B. (1) The network has died on May 1, 2016, and the Defendant F, G, H, I, J, and K jointly inherited the network’s property.

(2) The deceased AA died on February 14, 2001, and the defendant M, N,O, P, who is the spouse and children, jointly succeeded to the property of the deceased AA.

(3) The deceased AB died on May 23, 2010, and Defendant R, S, T, U, and V, the spouse of Defendant Q and children, jointly succeeded to the property of the deceased AB.

C. (1) From November 2015 to March 2016, the Defendants prepared a written consent to trade of the following contents (hereinafter “written consent to trade of this case”) and delivered it to the instant clan.

Each written consent to trade of this case (No. 3-1 through 19)

1. I confirm that he is the title trustee of the clan of this case concerning each of the real estate of this case.

2. The clan of this case consents to the sale of each of the real estate in the future, and if the clan of this case requests a registration of transfer related to the sale of real estate to the principal, the taxes and public charges regarding the registration of transfer of ownership shall be borne by the clan of this case, and it is promised that the clan of this case will deliver all of the registration transfer documents on the condition that the clan of this case pays 30 million won

(2) The instant clan held an extraordinary general meeting around June 26, 2016.

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