(영문) 전주지방법원 2018.10.31 2017가합2273

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(영문) 전주지방법원 2018.10.31 2017가합2273

소유권확인

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by D(E).

Reasons

1. The plaintiff clans' assertion

A. The plaintiff's clan against the defendant B is the clan that consists of the F as a joint ancestor and its descendants.

Defendant B, without any legal ground, completed the registration of the right to claim ownership transfer on the real estate of this case which is owned by the Plaintiff clan. Since the right to claim ownership transfer under the above Defendant’s name is invalid registration, the above Defendant is obligated to implement the procedure for registration of cancellation of the right to claim ownership transfer on the real estate of this case to the Plaintiff clan

B. In around 1980, the Plaintiff’s clan established a school juristic person G around 1980, in order for H to establish and operate an I High School, the Plaintiff’s name was changed to the same name as that of the Plaintiff’s clan and completed the registration of change of the registration titleholder or change of the registration titleholder’s indication of the instant real estate owned by the Plaintiff clan.

As such, since the dispute arises between the plaintiff's husband and the above defendant on the ownership of the real estate of this case, there is a benefit to seek confirmation of the ownership of the real estate of this case between the plaintiff's clan and the above defendant.

2. Determination on this safety defense

A. The Defendants asserted that the Defendant’s Defendant’s defense of this case brought a resolution to bring the instant lawsuit in a temporary transfer society held on May 13, 2017, after a resolution was passed by the regular board of directors held on November 25, 2015 (hereinafter “Board of Directors”) to appoint D as the president.

Since the board of directors of this case did not call a notice to directors even if it was held at a different place from the date, place, etc. of the regular board of directors prescribed in the clan Regulations, the resolution of the board of directors of this case to appoint D as the representative is merely a resolution which some directors gather, and it is not effective as the resolution of board of directors, and even if it is claimed by

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