(영문) 의정부지방법원 고양지원 2018.01.12 2017가단5054

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(영문) 의정부지방법원 고양지원 2018.01.12 2017가단5054

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1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is dismissed.

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

Reasons

1. Determination as to the plaintiff B's claim

A. On March 19, 1984, the Plaintiff A’s clan (hereinafter “Plaintiff clan”) purchased the land indicated in the attached real estate list (hereinafter “instant land”) from DE and held title trust with each one-fourths of each of the Plaintiff’s clan F, G, H, and I.

However, on April 19, 2013 when G dies, the transfer registration of ownership was completed due to inheritance due to the division in the name of the defendant with respect to the shares among the instant land.

However, on September 18, 2017, the Plaintiff’s clan terminated the title trust agreement with the Defendant on the instant land, and decided to title trust with the Plaintiff B, and the Defendant should register the ownership transfer with the Plaintiff B on its own shares.

B. The termination of the Defendant’s title trust agreement and the new title trust agreement on the Plaintiff’s clan property are the act of preserving collective property and, barring special circumstances, it should undergo a resolution of the general meeting of the clan members.

However, according to the rules of the plaintiff clan (No. 3), the members of the clan can be the descendants of the clan (Article 5), but the general assembly shall be composed of officers and representatives, including the chairperson, and other members shall be allowed to have no voting rights and make statements only.

(Article 16). Pursuant to this provision, the plaintiff clan notified the executive officers and delegates of the holding of a provisional clan on September 18, 2017, and the defendant who is the plaintiff clan was not notified of the holding of the provisional clan.

As such, recognizing the voting rights of a general meeting only as a part of its members and requiring them to decide on important matters concerning the property, etc. of a clan is null and void regulations contrary to the essence of a clan, and a resolution made by a temporary clan general meeting on September 18, 2017, held in accordance with such regulations, is also null and void.

Therefore, the termination of the title trust agreement with the defendant and the title trust agreement with the plaintiff B are also made.

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