logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2015.06.19 2014가단6031
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The parties’ assertion asserts that one-third of shares of each of the instant real estate among the types A, comprised of descendants of D, was nominal in trust with the Defendant, E, and F, and that the Defendant subsequently completed the registration of ownership transfer based on sale and purchase even with respect to E shares, the Plaintiff’s assembly elected C as the representative around December 2009, and that at the ordinary meeting of July 8, 2012, the Plaintiff filed a lawsuit claiming the registration of ownership transfer of each of the instant real estate at the ordinary meeting of July 8, 2012, against the Defendant for the registration of ownership transfer due to the cancellation of title trust with respect to each of the two-thirds shares of each of the instant real estate among the instant real estate.

On the other hand, the defendant did not have the essence of a clan within its own meaning, and ② on July 12, 2009, which elected C as the representative, the resolution of the general assembly was not effective because it did not go through legitimate procedures for convening the general assembly. ③ On July 8, 2012, which decided to bring the lawsuit in this case, the general assembly meeting of July 8, 2012, which was decided to bring the lawsuit in this case, did not go through legitimate procedures for convening the general assembly, and therefore, the lawsuit in this case should be dismissed unfairly.

B. On the other hand, there is no evidence to support that the Plaintiff elected C as the representative at the general meeting on or around December 2009 through each lawful convocation procedure, and there is no evidence to support that the Plaintiff passed a resolution to institute the instant lawsuit at the general meeting on July 8, 2012, each of the above resolutions is inappropriate, and there is no evidence to support that the Plaintiff elected C as the representative through a legitimate general meeting resolution and confirmed the instant institution by the date of the closing of argument.

The plaintiff did not appear on the date of pleading without disclosing whether it is a clan or an organization similar to a clan, but it is within its own meaning.

arrow