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(영문) 대구지방법원경주지원 2016.12.01 2015가단10199
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On March 18, 1963, the Defendant’s father C and D completed the registration of ownership transfer for each of 1/2 shares of each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on August 16, 194.

B. After November 3, 1993, C had completed the registration of ownership transfer based on donation on November 1, 1993 with respect to one’s shares among the instant real property, and D had completed the registration of ownership transfer based on sale on November 15, 1964 with respect to one’s shares among the instant real property to the Plaintiff on May 19, 195.

【Ground for recognition】 The fact that there is no dispute over the grounds for recognition, each entry in Gap's evidence 1 through 4 (including provisional number), and the purport of the whole pleadings

2. The gist of the plaintiff's assertion is that each of the real estate of this case has been managed by the clan members as well as the tombstones of the group as the forest owned by the plaintiff.

The Plaintiff, as of March 17, 1963, held title trust with C and D, each of the instant real estate as of March 17, 1963, and the Defendant transferred the status of the title trustee with respect to 1/2 shares of each of the instant real estate from C.

On May 17, 2015, the Defendant promised to transfer his share among the instant real estate to the Plaintiff at the Plaintiff’s extraordinary general meeting.

Therefore, the Defendant is obligated to perform the registration procedure for transfer of ownership on the ground of termination of the title trust on the date of service of the copy of the instant complaint to the Plaintiff, and the Defendant is obligated to perform the registration procedure for transfer of ownership on May 17, 2015 to the Plaintiff.

3. Determination on the defense prior to the merits

A. The gist of the defense is not a clan with its unique meaning, and the non-corporate group did not undergo the resolution of a general meeting of members in order to file a lawsuit concerning the property jointly owned by the non-corporate group, and the plaintiff changed its assertion from E to E to E’s eight-year-old damage.

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