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(영문) 춘천지방법원강릉지원 2019.05.28 2018가단32896
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant did not have the Plaintiff’s power of representation against C, and the Plaintiff’s resolution on the instant lawsuit at the general meeting regarding the filing of the lawsuit at issue does not take effect due to the defect in the convocation procedure, and thus, the instant lawsuit is unlawful. However, in full view of the entries in subparagraphs 5, 13, and 16, and the purport of the entire pleadings as to witness D’s testimony, the Plaintiff’s representative is C, and the Plaintiff’s representative was notified to the maximum extent possible, and the fact that the Plaintiff held a general meeting on November 30, 2018 and confirmed the institution of the instant lawsuit. Accordingly, the Defendant’s defense

2. Judgment on the merits

A. Since each real estate indicated in the attached list of the Plaintiff’s assertion is owned by the Plaintiff as a title trust from the time when the Defendant’s fleet was the Defendant, the Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to each real estate listed in the attached list following the termination of the title trust by delivery of a copy

B. Since a person who is registered as an owner of a real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that the registration is based on title trust has the burden of proving that the person who asserts that the registration was based on the title trust (see, e.g., Supreme Court Decision 2013Da57122, Sept. 4, 2014). In order to recognize that a person who asserts that he/she was under a trust in another person’s name had the burden of proving the fact of title trust, and that he/she was a member of a clan or a trust in another person’s name at the time of the circumstance, he/she has a specific degree of organic organization at the time of the circumstance, and that there was a number of indirect materials that can only be recognized as being owned by a clan prior to the fact that the land had been proved in the course or content owned by a clan or that

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