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(영문) 수원지방법원 2017.04.14 2016나63101
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff’s share of 1/2 of each land indicated in the separate sheet.

Reasons

1. Basic facts

A. On April 23, 1912, the condition of each land of the instant case and the sports zone surrounding the division (1876 square meters prior to the conversion; hereinafter “instant mother’s land”) was subject to the network D’s assessment on April 23, 1912. The instant mother’s land was divided into each land indicated in the separate sheet on July 4, 1980 (hereinafter “each land of the instant case”) and “260 square meters and Q690 square meters.”

B. 1) As the Defendant became the nominal owner of each of the instant lands in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094 of Dec. 31, 1977), the registration of ownership preservation has been completed by 1/2 shares in each E (AC) and F (AD) name as of February 27, 1981 in accordance with each of E (AC) and F (AD) name as of February 16, 1996.

C. On July 17, 2012, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of the cancellation of title trust against the Defendant’s shares out of each of the instant land under Suwon District Court Decision 2012Kadan949, which was sentenced to the Plaintiff’s winning judgment on May 14, 2014. However, the Defendant appealed (U.S. District Court 2014Na2025), the appellate court elected G as the Plaintiff’s representative on February 13, 2015, and the resolution of the general meeting that decided the said lawsuit was null and void on the ground that there was a defect in the procedure of giving notice of a considerable number of members, etc.

3. Accordingly, the plaintiff is in the Korea Shipbuilding and Mil.

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