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(영문) 인천지방법원 2018.10.30 2017나63163
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants of G, and the children of the plaintiff A, C, D, and E are children of the defendant's clan H (Death of June 10, 2008) that is the defendant's clan, and the plaintiff B is the spouse of the deceased H.

B. In 1936 with respect to the land of Dobong-gu Seoul Metropolitan Government, which is owned by the Defendant, the registration of ownership preservation was completed in the 1937 as to the land of J, and the registration of ownership preservation was completed in the 1937 as to the land of J. The Defendant developed each of the above land and its neighboring land in around 1987 and formulated a new construction plan, and the network H transferred the ownership and possession of each of the above land to the Defendant.

C. Around 2005, 4 apartment buildings were constructed on the ground of the above L referred land owned by the Defendant. On January 5, 2005, M held a meeting as a representative of the Defendant and passed a resolution to transfer the ownership of the real estate indicated in the attached Table to the network H and pay KRW 96,200,000 in compensation for the transfer of possession of the above land (hereinafter “instant agreement on transfer of ownership, etc.”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5 to 7, Gap evidence 9, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion (1) (1) although the agreement on the transfer of ownership, etc. of this case did not go through a resolution of the defendant's general meeting, according to the clan rules amended in February 2001 as well as the rules amended in February 2003 thereafter, the joint meeting of the clan members, officers, and the members of the clan can acquire and maintain the property of the clan according to the general meeting. The agreement on the transfer of ownership, etc. of this case is valid even if the agreement was adopted in accordance with the regulations of the clan at the time of the agreement, and even

② On November 12, 1994, the Defendant passed a resolution on the “acquisition and disposal of clan properties” at the ordinary general meeting of shareholders, and if it reports it to the members of the ordinary general meeting of shareholders, the effect of the resolution is the same as the resolution at the ordinary general meeting of shareholders.

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