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(영문) 의정부지방법원고양지원 2015.11.25 2014가합56270
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The status of the parties, etc. J clan (hereinafter referred to as the "J clan") is the clan that is composed of descendants of 16 years old or older of KC L, which is composed of descendants of 16 years old or older of Ma, and the defendant is the N, a larger child of Ma, which consists of descendants.

Attached Form

The president of J clan, the president of J clan and the secretary P et al., referred to as the defendant's representative even though there was no resolution at the general meeting of the defendant, sold to Q on January 30, 2004 each land listed in the separate sheet where registration of ownership preservation or ownership transfer was made in the name of the defendant (hereinafter "each land of this case"), and completed the registration of ownership transfer in Q on December 29, 2004 for each land of this case.

On the other hand, the defendant filed a lawsuit seeking cancellation of the defendant's ownership transfer registration, and the defendant died on May 2001 and the vice-chairperson died on or around December 21, 2002, the executive officer was vacant seat. However, as above, when O and P sold each of the land of this case, the general assembly on December 4, 2004 (hereinafter "general assembly of December 4, 2004") was held and elected as the chairperson.

On March 23, 2006, the Defendant filed a lawsuit seeking cancellation of ownership transfer registration in Q Q in the name of Q with respect to each of the instant land against the Go-gu District Court Goyang Branch U.S. (hereinafter referred to as the “previous lawsuit”).

I presented its proposal.

In the previous litigation, such as the loss in the first instance court of the previous lawsuit, the defendant alleged that since theO, P, etc. selling each of the lands of this case to Q is merely an executive of the J clan in the opposite to Q, the defendant did not have the right to sell the land of this case, and since O and P did not go through the resolution of the general meeting of the defendant, the sale of each of the lands of this case to Q was null and void, the above court was not merely a separate name used for convenience in the process of registering each of the lands of this case owned by the J clan in the process of registering each of the lands of this case, and even if the defendant is a juristic person belonging to the J clan, it is an executive.

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