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(영문) 서울중앙지방법원 2014.10.15 2013가단68885
소유권이전등기
Text

1. Defendant D, E, F, G, H, I, K, P, L, M, N, and P shall be attached, among the 14,284 square meters of the land-based RP land at the time of permission to QW-Friendly Council.

Reasons

1. Basic facts

A. On November 24, 2004, S, which was the representative of Q-type gathering (hereinafter referred to as the " Q-type gathering"), sold to T on the same day the U Forest 9,917 square meters (hereinafter referred to as the "U forest") of Q-type gathering and completed the registration of transfer of ownership in the name of Q-type gathering. Since then, on May 19, 2005, the respective transfer of ownership in the name of V and the Plaintiff was completed in sequence with respect to U forest.

B. Q-Woo argues that the disposal of U forest to T was null and void as it was conducted without the resolution of the general meeting, and that Q-Woo filed a lawsuit against T, V and the Plaintiff seeking the cancellation of each transfer registration of ownership (U.S. District Court Decision 2007Da59345, Suwon District Court Decision 2008Na15466, Supreme Court Decision 2009Da2552, May 12, 2009) and accordingly, the registration of transfer of ownership in the name of T, V and the Plaintiff was revoked.

C. After that, the Plaintiff filed a lawsuit seeking damages equivalent to KRW 180,000,000 for the purchase price incurred by the Plaintiff due to the illegal act, such as fraud committed by the representative S in connection with his business, against Q&C, and received a final and conclusive judgment in favor of the Plaintiff.

(C) The Seoul High Court 2009Na90117, hereinafter referred to as "the final judgment of this case") d.

The Plaintiff filed an application for a compulsory auction against U forest land for distribution of KRW 289,060,273 as the principal of the damage claim and damages for delay confirmed by the final judgment of the instant case during the said compulsory auction procedure, and received dividends of KRW 170,357,886 on April 6, 201.

E. On the other hand, on January 14, 1983, the registration of ownership transfer was completed by 1/4 shares in the name of W, X, Defendant B, and Defendant C (hereinafter “Defendant B, etc.”) who is a member of QM-friendly conference on January 14, 1983 with respect to the land of this case (hereinafter “the forest of this case”). Since W and X died, each of their children or grandchildren inherited their property on behalf of them, such as as written in the family map (share), as W and X died.

[Ground of recognition] As to the Plaintiff, Defendant J, B, and C:

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