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(영문) 전주지방법원군산지원 2020.02.14 2019가단53868
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The clan C (hereinafter referred to as the " clan of this case") is a clan of which D's bad debt is D', and its current number of members is 677, and the defendant is the clan of this case.

B. The clan of this case purchased each real estate listed in the separate sheet (hereinafter “each real estate of this case”) around January 20, 1996, and agreed to title trust to the defendant, F, G, and H, which is the cause of the clan. On February 23, 1996, the clan of this case completed the registration of ownership transfer in the name of the above members with respect to each 1/4 of the real estate of this case on February 23, 199.

C. Upon the death of F among the above trustee on January 22, 2009, the clan of this case agreed to the Defendant to title trust each of the 1/4 shares trusted in the name of F among each of the instant real estate on December 14, 2009, and completed the registration of ownership transfer in the name of the Defendant on December 28, 2009.

(hereinafter “instant title trust agreement”, including a title trust agreement between the clan of this case and the Defendant, D.

On March 15, 2019, the clan of this case held an extraordinary general meeting on March 15, 2019 and resolved to sell each of the instant real estate to a third party after cancelling a title trust agreement with the members, including the title trust agreement of this case, while 13 of the members of the clan were present.

In addition, around June 2019, the clan entered into a sales contract with the Plaintiff for each of the instant real estate, and transferred the right to claim ownership transfer registration following the termination of title trust for each of the instant real estate to the Plaintiff, and notified the Defendant of the said transfer at that time.

E. On August 3, 2019, the clan of this case held an extraordinary general meeting and confirmed the resolution of March 15, 2019 while the 23 members of the clan attended. Of the clan rules, ① the provisions on the number of members subject to the resolution of the general meeting shall be opened as the members with the affirmative votes of more than the majority of the members present, the affirmative votes of more than the majority of the members present shall be amended, ② the resolution of the general meeting shall be amended.

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