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(영문) 창원지방법원진주지원 2012.09.19 2011가단16055
소유권이전등기등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Judgment on the defendant's main defense

A. The gist of both claims is that the plaintiff's clan is the clan that was composed of descendants of D. E. E. E.m. 20 years old net F, and that the defendant Eul has held the real estate owned by the defendant Eul under title trust, and as the lawsuit of this case, the plaintiff's claim against the defendant B: ① Schedule 1., 3.

4. A claim for the payment of KRW 86,511,660 of the compensation for the transfer of ownership and the payment of the compensation for the transfer of a clan-owned land ( KRW 691m2, G forest-owned land, KRW 691m2, KRW 1,017m2, KRW 149m2, KRW 149m2, G forest-owned land, and KRW 2

2. That completing the registration of ownership transfer to Defendant C on real estate is based on a false sales contract to avoid the obligation to pay compensation to the Plaintiff clan, and thus seeking the registration of ownership transfer for the cancellation of the sales contract and the restoration of authentic titles.

As to this, the Defendants asserted that the resolution at the extraordinary general meeting of January 14, 2012, in which the Plaintiff clan appointed the J as the representative, is invalid because there is no defect in the convocation procedure. Thus, the instant lawsuit is not an unlawful lawsuit filed by a person who has no power of representation.

B. According to the written evidence No. 10 and the purport of the entire pleadings, the plaintiff clan held an extraordinary general meeting at Lcafeteria located in J around January 14, 2012, and changed the qualification of the clan members from among the articles of incorporation to "the descendants of DES 20 years old," and confirmed the lawsuit of this case that had already been filed simultaneously with the resolution to file a lawsuit against the defendants, and confirmed the fact that the plaintiff clan made a resolution to appoint a Justice as the representative of the clan.

However, the general meeting of a clan shall, unless there are special circumstances, provide each person with an opportunity to participate in the meeting, discussion, and resolution by individually informing all the clan members who have resided in the Republic of Korea and can be notified individually because their whereabouts are clear after determining the scope of the clan members who are subject to notification of convening by the clan.

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