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(영문) 서울동부지방법원 2015.10.08 2014가단32473
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was assigned the registration number for the registration of real estate on December 30, 209 to the clans consisting of the descendants of F 32 years of age G, female E-W, and the registration number for the registration of real estate on December 30, 2009.

The defendant is the head, South, and North, of G H, the Republic of Korea I (three years of age).

B. On June 21, 1971, the Defendant completed registration of ownership preservation in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111) regarding real estate stated in the purport of the claim (hereinafter “instant real estate”).

C. Meanwhile, on August 31, 2008, the Plaintiff passed a resolution to appoint C as the chairperson at a clan meeting.

[Ground of recognition] The fact that there is no dispute, Gap 1, 7-9, 20 evidence, Eul 4 and 5 evidence, and the purport of the whole pleadings.

2. Determination on the lawfulness of the instant lawsuit

A. The plaintiff's summary of the defendant's assertion that the real estate of this case was managed by the plaintiff clan from the end of Joseon which was 100 years ago, and completed preservation registration by using the special measures procedure, and entrusted the title to the defendant, who is H's son, the deceased clan, and thus, the defendant argued that the above title trust agreement is terminated through service of the complaint of this case and the defendant is sought to implement the procedure for ownership transfer registration, and that the lawsuit of this case is unlawful for the following reasons.

1) The lawsuit of this case brought by C without legitimate authority of representation on behalf of the plaintiff clan is unlawful, since C, the representative of the plaintiff clan, is not elected through legitimate clan meetings. 2) The plaintiff clan did not pass a resolution of the general meeting of clans valid for the filing of the lawsuit of this case, and the resolution of the general meeting of clans submitted by the plaintiff on June 21, 2014 to this court is not a true document with a document fabricated in litigation procedures, and even if there was a resolution of the general meeting of clans

Even if there is a lack of notification of notification on the adult female and adult male sex, it is null and void.

(b) the representative of C;

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