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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. The Plaintiff related to the parties is a clan in which the Plaintiff collected G as 19 years of age in F City-19, and the Defendant collected H as 18 years of age in F City-18 and referred to G as a joint set of each joint set of a clan, and is a relationship between the clans and the clans.
B. The forest land of this case was under the name of the deceased and other circumstances. The defendant filed a lawsuit against the heir of the above title holder for the performance of the procedure for the registration of ownership transfer (hereinafter “the prior suit of this case”) on August 13, 1992 against the Government branch of the Seoul District Court for the execution of the procedure for the registration of ownership transfer (hereinafter “the prior suit of this case”) on the ground of the termination of title trust. The above judgment became final and conclusive and completed the registration of ownership transfer in the future of the defendant on May 3, 1995.
2. Judgment on the main defense of this case
A. The resolution of the general meeting of the plaintiff, which elected the representative of J as the representative of the plaintiff's defense, is invalid, since the resolution of the general meeting of the plaintiff is not effective since it was conducted at the general meeting held without giving a notice of convening a female senior commissioner.
B. A part of the testimony of K’s witness is insufficient to acknowledge the above defense, and there is no other evidence to acknowledge it.
Therefore, the above defense is without merit.
3. Judgment on the merits
A. The gist of the Plaintiff’s assertion was that the Plaintiff was unregistered land due to lending the Plaintiff’s name in the name of the Plaintiff, and around 191, the Plaintiff and the Defendant agreed to entrust only the Plaintiff and the Defendant with the title of registration in order to maintain the Defendant’s external body where the registration number for real estate was already registered. Accordingly, the registration of ownership transfer was completed in the name of the Defendant following the instant previous suit.
Therefore, the plaintiff terminated the above title trust agreement with the service of the complaint of this case, and seeks the defendant to implement the procedure for the transfer registration of ownership of the forest of this case.
(b)each entry in Gap evidence 1, 2, 6, 10, 20, 29, 29, and 30 (including the serial number; hereinafter the same shall apply) that there is no dispute between the parties to the judgment or that there is a set of evidence Nos. 3, 10, 31, and 32;