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(영문) 전주지방법원 2014.03.27 2012가단42682
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff clans' assertion

A. On February 25, 2011, the Defendant forged a resolution that selects the Defendant as the representative of the Plaintiff’s clan at the clan general meeting, and changed the representative of the instant land owned by the Plaintiff’s clan from E on February 18, 2011.

B. On February 28, 2011, the Defendant forged a written resolution that the Plaintiff’s clan donated 3/16 shares out of the instant land owned by the Plaintiff’s clan to the Defendant, and completed the registration of ownership transfer in the name of the Defendant as to 3/16 shares out of the instant land on March 2, 2011.

C. Since the registration of transfer of ownership in the name of the defendant is invalid, the defendant is obligated to perform the procedure for cancellation registration as to the 3/16 shares out of the land of this case to the plaintiff of this case.

2. Determination on this safety defense

A. On February 17, 2012, the Plaintiff’s clan held an ordinary general meeting on February 17, 2012 and passed a resolution to appoint C as the chairperson of the Plaintiff’s clan. 2) The F, a member of the Plaintiff’s clan, filed a lawsuit between the Plaintiff’s clan to seek confirmation of invalidity of the resolution of the Plaintiff’s clan on February 5, 201, and February 17, 201, between the Plaintiff’s clan and the Plaintiff’s clan, the F, a member of the Plaintiff’s clan, filed a lawsuit seeking confirmation of invalidity of the resolution of the Plaintiff’s clan on February 17, 2012, and the summary of the resolution was as follows.

1. In order to convene and administer an extraordinary general meeting of the plaintiff clan, the representative of the chairperson of the plaintiff clan who is an attorney G shall be appointed, and the said representative shall have one employee who will assist the business of the plaintiff clan.

2. The acting representative shall call for an extraordinary general meeting of the plaintiff clan, and shall hold and administer an extraordinary general meeting of the plaintiff clan;

3) On November 18, 2012, attorney G, who is the representative of the Plaintiff clan, held an extraordinary general meeting of the Plaintiff clan. The chairman, who is the representative of the Plaintiff clan, was not elected, and decided to be elected again at the ordinary meeting on March 7, 2013. However, there was no person selected as the representative up to now. [The fact that there was no dispute over the grounds for recognition, Gap Nos. 1, 2, Eul evidence Nos. 1 through 3, and the purport of the entire pleadings.

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