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(영문) 춘천지방법원강릉지원 2015.05.19 2014나5088 (1)
소유권말소등기
Text

1. At the request of a change in exchange from the trial, the Defendant (Appointed Party), the Appointed Party D, E, F, G, H, and I shall be subject to the change.

Reasons

1. Basic facts

A. On May 1, 1959, registration of preservation of ownership (No. 1656) has been made under the name of J on May 1, 1959 in the 34,231 square meters of L forest land in Gangnam-si (hereinafter “the instant forest”).

B. On June 14, 2008, the J died, and thereafter on June 25, 2013, on the instant forest, the registration of ownership transfer with respect to shares of 1/7 shares was completed in the name of each of the Defendant and the designated parties, who are some successors of the J on June 14, 2008, due to the “Succession by Agreement Division” as to the instant forest under the name of the Defendant and the designated parties.

C. The Defendant and the designated parties have completed the registration of ownership transfer as above, and on the same day, they sold their shares to the farming association corporation B (hereinafter “B”) for KRW 800 million, and then filed the registration of ownership transfer (No. 20177) in B.

B The NongHyup Bank Co., Ltd. hereinafter referred to as the " NongHyup Bank").

(B) 60 million won with respect to the forest of this case and K (B’s representative)

(B) The registration of establishment of a superficies (No. 20180) was made on the establishment of a neighboring mortgage (Scheon District Court's receipt of Gangnam Branch Court's receipt of Chuncheon Branch Court's receipt of 20180), and the registration of establishment of a superficies (No. 20181) was made on the basis of the duration of 30 years. The purport of the entire pleadings is as follows: (a) the absence of any dispute over the grounds for recognition; (b) the entry of evidence No. 1, 2, 3

2. Determination on the defense prior to the merits

A. Defendant’s assertion 1) Since the Plaintiff did not have the substance of a clan, the Plaintiff has no capacity to institute the instant lawsuit. 2) Even if it is recognized as a party to the instant lawsuit, a legitimate resolution of the general meeting is necessary for the Plaintiff to institute a lawsuit concerning the property of a clan. Since the general meeting for instituting the instant case is null and void by omitting a notification for convening a clan member, the instant lawsuit is unlawful as it was filed without a resolution

B. Determination 1 clan does not have any substance.

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