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(영문) 대구지방법원 2018.07.04 2017가단21180
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff clan's assertion that the plaintiff clans of the plaintiff clan made the land of this case as the trustee on October 29, 1984 and again made the defendants a title trust. Since the above title trust agreement is terminated by the delivery of the complaint of this case, the defendants are obligated to implement the procedure for the registration of ownership transfer, such as the entries in the purport of the claim

2. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of property jointly owned. Barring any special circumstance, barring any special circumstance, a resolution of the general meeting of members pursuant to the provisions of Article 276(1) of the Civil Act concerning the preservation of property jointly owned by a non-corporate clan, which is an act of preserving the property jointly owned by the non-corporate clan, shall undergo a resolution of the general meeting of clan

On the other hand, in holding a clan general meeting, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving each person an opportunity to participate in the meeting, because the scope of the members of the clan, which are subject to notification for convocation, has been determined by the family clan according to the family clan, unless there are special circumstances, and each person shall be given an opportunity to individually notify all the members of the clan who are residing in the Republic

Furthermore, since the decision of the Supreme Court en banc was rendered on July 21, 2005, adult female members, who are the descendants of the common ancestor, are also the members of the clan, a resolution at the general meeting of the clan shall not have the effect of a resolution where the general meeting of the clan does not call a notification for convening a notification to the members of the clan at the time of the general meeting of the clan

(See Supreme Court en banc Decision 2009Da83650 Decided February 11, 2010). The Plaintiff’s clan was a person who has not established and managed a female clan member until now after the said Supreme Court en banc Decision was rendered. Thus, the Plaintiff decided to file the instant lawsuit and to act as a litigation agent.

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