(영문) 서울중앙지방법원 2015.01.14 2013가단336625

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(영문) 서울중앙지방법원 2015.01.14 2013가단336625

소유권이전등기절차이행 등

Text

1. The plaintiffs and the plaintiff Eul's successor's claims against the defendants E are all dismissed.

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

Reasons

1. Basic facts

A. The defendant clan was composed of the 14 members of K 14 members L, which was established on November 21, 1994 by the general meeting for the establishment of the clan, and the defendant F was appointed as the representative of the above clan, and 40 members including the plaintiffs and the defendants are the members of the defendant clan.

B. Defendant F, as a member of the clan that led to the order since M of 10 M, is stationed in his religious services, and his denial N became a deceased on May 3, 197, and became the inheritor of Australia.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The plaintiffs are currently owned by the defendant clan, and they agreed to prepare a written agreement on the adjustment of the property on December 7, 1994 and distribute the above real estate to the plaintiff Eul and the plaintiff Eul on December 7, 1994 while the defendant F, defendant G, defendant I, defendant I, defendant H, and plaintiff A, the representative of the defendant clan, who is the defendant clan, agreed to prepare a written agreement on the adjustment of the property of the clan and distribute the above real estate to the plaintiff Eul. Accordingly, the defendant clan asserts that according to the above agreement, the defendant's clan has a duty to implement the registration procedure on the transfer of ownership of 1/2 of the real estate listed in the annexed Table 1. Accordingly, according to the clan rules, the matters concerning the disposal of the clan's property are decided by the general meeting of the clan, as the above agreement on the disposal of the clan's property is not a resolution of the general meeting of the clan, but there is no fact that the defendant H prepared the written agreement on the management and disposition of the clan's property.

Supreme Court Decision 208.2.1

유사 판례

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-대법원 1994. 9. 30. 선고 93다27703 판결

-수원지방법원 2018.12.05 2017가단33335