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(영문) 청주지방법원 2020.12.11 2019나13279
소유권이전등기
Text

The judgment of the first instance shall be revoked.

All of the plaintiff's claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. The reason why this Court shall explain this part of the basic facts is as stated in Paragraph 1 of the judgment of the court of first instance, and therefore, it shall accept it including summary language pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s clan (the summary of the grounds for appeal) filed the instant lawsuit to return each of the instant land, which was held by the Assembly held on November 24, 2013 as the representative, to the name of the clan, and decided to elect AG as the representative of the said lawsuit in order to restore it to the name of the clan. In addition, the Plaintiff’s clan found it late following the existence of defects in the convening process of the Assembly held on November 24, 2013 while the instant lawsuit was pending, and confirmed the resolution of the general meeting held on November 24, 2018 after October 24, 2018, which was held on October 11, 2018, according to the customary practices. Accordingly, the Plaintiff’s clan is the general meeting held on June 13, 2020 (hereinafter “general meeting”).

(2) On November 24, 2013, the lower court held that the instant lawsuit brought by AG, the representative of the Plaintiff clan, was lawful. Accordingly, the instant lawsuit brought by the Plaintiff clan, the representative of the Plaintiff clan, is deemed lawful. (2) The Plaintiff clan held a title trust to the net AV of the land No. 1, to the net JJ of the second land, and to the net AL, AY, and AZ of the third land each in share of 1/3. The Defendants, the heir of the said trustee, are seeking the implementation of the procedures for the provisional claim for ownership transfer registration and the procedure for the registration for the cancellation of ownership transfer registration, respectively, due to the cancellation of title trust, as stated in the amended claims in the attached Form.

B. Defendants 1) The resolution for ratification of the General Assembly of November 11, 2018, which was convened by AG, who is not entitled to represent the Plaintiff clan, is invalid. Therefore, the instant lawsuit filed pursuant to the resolution of each of the above general assembly without validity is unlawful. 2) Each of the instant land is owned by the deceased clan, and is owned by the deceased clan.

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