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(영문) 대구지방법원 2017.02.09 2016나301279
원인무효에 의한 소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. As to the real estate listed in paragraph (1) of the attached Table No. 1, the Plaintiff completed the registration of transfer of ownership for reasons of sale as of June 12, 1985, 14565, such as Daegu District Court Kimcheon Branch, etc., and each registration of transfer of ownership for reasons of sale as of March 5, 1972, each of the real estate listed in paragraphs (1), (2), and (3) of the attached Table No. 2 and (3) of the attached Table No. 1,2, and (3) of the same registry (hereinafter referred to as “the instant forest”).

B. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, effective; hereinafter “Special Measures Act”), the Defendants completed each share transfer registration based on sale and purchase as of November 1, 1985, No. 22421, which was received on August 17, 1994, as of November 1, 1985, with respect to each share of the real estate listed in the separate sheet No. 3543.5/28562 among the real estate listed in the separate sheet No. 22361, Aug. 17, 1994, with respect to each share transfer registration based on a partial sale and purchase as of November 1, 1985.

C. On March 12, 2014, the Plaintiff held a temporary clan general meeting (hereinafter “special meeting of March 12, 2014”) and resolved to appoint D as the representative of a clan. D.

On July 8, 2015, the Plaintiff confirmed 626 members of the clan, notified 595 members of the clan who can communicate with them, and held a temporary clan on the 19th of the same month (hereinafter “special general meeting of July 19, 2015”) and ratified the resolution of the special general meeting of March 12, 2014, ratified the procedural acts in the instant lawsuit that D performed as its representative, and adopted a resolution to hire the amended clan regulations.

E. On March 2016, the Plaintiff is identified as 1,197 members of the clan, and among them, 796 members of the clan who can communicate shall be called "special general meeting of April 10, 2016 by holding a temporary clan general meeting on April 10, 2016 after serving a notice on convening a clan general meeting."

(b).

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