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(영문) 수원지방법원평택지원 2015.05.15 2014가합9306
원인무효로인한 소유권이전등기말소등
Text

1. Of the instant lawsuit, the part against the Defendant Woori Bank is dismissed.

2. Attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff clans 1) The plaintiff clans are the clans of which the 7th members of C are the joint ancestor, and the E clans (hereinafter referred to as the "E clans") are the clans.

2) The registration of ownership transfer was completed in the name of the clan on September 10, 1934 due to the cancellation of the trust agreement as of May 10, 1934 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

3) On January 18, 1987, the plaintiff clan elected the deceased F as the representative at the extraordinary general meeting, and the name of the plaintiff clan as of January 18, 1987 (hereinafter referred to as the "A clan").

(4) Around 2007, G filed a lawsuit seeking cancellation of each ownership transfer registration, etc. completed in the name of H, etc. as the representative of the Plaintiff’s clan against the Plaintiff’s clan H, etc. as the land of this case was owned by the Plaintiff’s clan, thereby winning the lawsuit. Around that time, the judgment became final and conclusive.

(A) Article 23 of the articles of incorporation of the Plaintiff clan provides that the Plaintiff’s clan is disposed of and acquired with the consent of 2/3 or more of the members present at the clans property. 6) The Defendant died on August 2009.

B. Registration of transfer of ownership of Defendant Samil Industrial Development Co., Ltd. (hereinafter “Defendant Samil Development”)

(3) As to each of the instant real property, the Plaintiff purchased and sold each of the instant real property on January 7, 2010 (hereinafter “instant transaction”).

2) On the ground of the foregoing, the registration of ownership transfer was completed by the Suwon District Court No. 523 on the same day (hereinafter “each of the instant registration of ownership”).

(2) On January 7, 2010, Defendant Samil Development concluded a mortgage agreement between the Industrial Bank of Korea and the debtor, the creditor, the Industrial Bank of Korea and the maximum debt amount, and concluded a mortgage agreement causing 3 billion won, and completed the establishment registration prior to the Industrial Bank of Korea.

3. The disposal and acquisition of the clan properties under Article 23 of the Articles of Incorporation shall be applied for each registration for transfer of ownership of this case.

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