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(영문) 의정부지방법원 2018.02.02 2017가합1308
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiffs' assertion

A. The I clan (hereinafter referred to as the "foreign clan") is a clan set up in K, which is 16 years old by J, and the defendants are the members of the non-party clan.

B. On May 15, 2010, the non-party clan held an extraordinary general meeting (hereinafter “the instant special meeting”) and the board of directors (hereinafter “board of Directors”) on February 23, 2013 to donate real estate listed in the attached list to the Defendants. Accordingly, on August 20, 2013, the non-party clan decided to donate the real estate listed in the attached list to the Defendants. As to 24/100 of the real estate listed in the attached list to the Defendant clan, the non-party clan completed the registration of transfer of ownership as to each of 6/100 of the real estate listed in the attached list to Defendant D’s book, E’s book, F’s book, and G door, and each of the 2/100 shares of the real estate listed in the attached list to Defendant H among the real estate listed in the attached list.

C. However, the resolution of the special general meeting of this case is null and void due to serious defects in the convening procedure and the method of resolution, and the resolution of the board of directors of this case, which is merely embodying the above resolution, is also null

Therefore, since the registration of transfer of ownership in the name of the defendants, which was completed by the resolution of the special general meeting of this case and the resolution of the board of directors, is all null and void, the plaintiffs of the non-party clan are preserved and seek to implement the registration procedure for cancellation of transfer

2. The lawsuit regarding the property jointly owned by an unincorporated association may be brought under the name of the unincorporated association, subject to a resolution of the general meeting of members, or only be in the form of an indispensable co-litigation in the form of an essential co-litigation by all its members, even if they are the representative of the association or have undergone a resolution of the general meeting of members.

Even if the lawsuit cannot be a party to the lawsuit, and this legal principle is the same to the case where the lawsuit is brought as a preservation act of collective ownership property.

(See Supreme Court en banc Decision 2004Da44971 Decided September 15, 2005, etc.). The plaintiffs' assertion is alleged.

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