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(영문) 광주지방법원 2020.10.13 2019가단509576
소유권이전등기말소 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan naturally created with the aim of gathering and managing the tombstone of a joint ancestor with the aim of gathering and promoting the friendship among descendants, by taking the 32-year-old G’s 32 years old-old group as a joint ancestor of Korea into consideration.

B. On April 12, 1996, the Plaintiff registered as an unincorporated association with I as its representative.

C. On April 13, 1939, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale as of December 22, 1938.

The registration of ownership transfer under Defendant C was completed under the name of the same registry office under the name of the same registry office under the name of the same registry office under the name of the same registry office under the Act No. 11469, Apr. 30, 1990 on the ground of sale and purchase as of Feb. 15, 1990 (hereinafter “the instant sales contract”) and as of Feb. 25, 1991, the registration of ownership transfer under the name of Defendant D was completed under the name of the same registry office under the Act No. 4627, Mar. 7, 1991; as of May 12893, 194; and as of May 20, 1994, the registration of ownership transfer under the name of Defendant E was completed under the name of the same registry office under the name of the same registry office under the name of the same registry office as of Apr. 20, 200; and as of May 30, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination on this safety defense

A. On January 20, 2019, the Plaintiff, who decided to elect Defendant C and D’s assertion as the Plaintiff’s representative, and to implement legal measures for preserving the Plaintiff’s property, convened a notice of convening a convening a meeting to the effect that it was delegated with K’s authority as to whether he/she is a person with an uncertain interest in navigation. No legitimate notification was given, and the Plaintiff did not adopt a notice of convening a meeting, and the Plaintiff did not adopt a resolution of the general meeting regarding the instant lawsuit.

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