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(영문) 청주지방법원 2014.02.26 2012가단33921
소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is a clan consisting of descendants of G among the children of E 20 years of age F.

On April 16, 1983, the Plaintiff purchased the instant land from H and trusted the instant land to I as a final cause. On February 17, 1996, I died, and the Defendant succeeded to the status of the above trustee upon the completion of the inheritance registration.

The Defendant asserted ownership of the instant land, and around March 2012, set up a right to collateral security of KRW 455 million against the Cheongju National Credit Union.

The Plaintiff terminated the title trust with the Defendant by serving a duplicate of the instant complaint.

Therefore, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the cancellation of title trust with respect to the instant land, and the Defendant is obligated to pay the Plaintiff KRW 20 million, which is a part of the money borrowed and used as security, as compensation for damages.

2. Determination on this safety defense

A. The summary of the plaintiff's defense 1) The plaintiff's representative was not elected as the representative of the clan general meeting convened in accordance with legitimate convening procedures, and even in filing the lawsuit of this case against the defendant, the resolution of the clan general meeting convened in accordance with legitimate convening procedures has not been passed. The plaintiff shall hold a clan general meeting on December 15, 2013 and shall approve the election of officers and the lawsuit of this case made at the extraordinary general meeting of June 6, 2010 (hereinafter the ratification resolution of this case), but the plaintiff did not confirm the scope of the clan members subject to convening a general meeting without legitimate convening authority, and the defendant did not receive a notice of convening a general meeting from the plaintiff, and the above ratification resolution shall be adopted in light of other methods.

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