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(영문) 의정부지방법원 2017.09.01 2017가단100031
소유권이전등기말소등기절차이행
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. On October 19, 2016, the registration of ownership transfer was completed on October 18, 2016 from the Plaintiff on October 19, 2016 with respect to D forest land 9,525 square meters and E forest land 789 square meters.

[Ground of recognition] The fact that there is no dispute, Gap 2-2, 2-3, and the purport of the whole pleading

2. Summary of the parties' arguments

A. In order to dispose of the plaintiff's clan properties under the plaintiff's clan rules, a resolution of the general meeting of clans is required. Each of the above real properties was sold to the defendant, and the resolution was not passed by the plaintiff's general meeting.

In addition, the registration of ownership transfer under the name of the defendant with respect to each of the above real estate was completed according to the title trust agreement between the plaintiff and the defendant, and the above title trust

Therefore, since the registration of transfer of ownership in the name of the defendant with respect to each of the above real estate is null and void, the defendant must cancel the registration of transfer of ownership in his name to the plaintiff.

B. The defendant's lawsuit of this case shall be dismissed as it is not the plaintiff's representative but the plaintiff's representative.

3. The lawsuit of this case was brought by C, which is indicated as the plaintiff's representative (the plaintiff's "director" is marked as the plaintiff's representative, but the plaintiff's representative is marked as the plaintiff's representative). The lawsuit of this case brought by an unincorporated association as a clan constitutes an unincorporated association, and in order to be lawful, it should be done by the legitimate representative. The evidence submitted by C alone cannot be viewed as the plaintiff's legitimate representative, and there is no other evidence to acknowledge it (it is reasonable to see that F is the plaintiff's legitimate representative as the chairperson according to the overall purport of evidence Nos. 1, 4, and oral argument). The lawsuit of this case brought by C, which is not a legitimate representative of the plaintiff,

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