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(영문) 광주지방법원 2014.11.11 2012가단62320
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer on April 11, 200 with respect to the instant forest land.

B. In this Court’s claim for ownership transfer registration against Defendant B, FJ verified that “F-type and Defendants (Defendant C is the intervenor in the conciliation of the instant case) are collectively owned property for the protection of graves and the sponsing of the descendants after the instant case. Defendant B shall implement the procedures for ownership transfer registration for the portion of joint maintenance of 1/2 of the instant forest land on December 16, 201 with respect to the portion of joint maintenance of 1/2 of the instant forest land on December 16, 2011. F-type and F waive waives the remainder of the claim.” The decision substituted for conciliation as of December 16, 2011 became final and conclusive on April 7, 2012.

C. On September 10, 2012, Defendant B completed the registration of share transfer with respect to the portion of 1/2 of the forest land of this case among the forest land of this case according to the decision in lieu of the above conciliation.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to whether D has the power to represent the plaintiff

A. The gist of the Plaintiff’s assertion (1) Since the Plaintiff trusted the instant forest to the Defendants, the Plaintiff’s delivery of a duplicate of the complaint, thereby cancelling the title trust agreement.

(2) Since a decision in lieu of the above conciliation is a contract for a third party, the plaintiff expresses his/her intention as a delivery of a copy of the complaint.

(3) Therefore, the Defendants are obligated to implement the procedure for ownership transfer registration with respect to the forest of this case to the Plaintiff.

B. The gist of Defendant B’s defense prior to the merits is not the legitimate representative of the Plaintiff, and the instant lawsuit filed by Defendant B without the power of representation is unlawful.

C. Determination as to whether Defendant B’s prior defense and ex officio, the Plaintiff’s representative, who filed the instant lawsuit, has the power to represent the Plaintiff

In holding a clan general meeting, the scope of the members of the clan who are subject to notification of convening a clan shall be determined by the family clan, except in extenuating circumstances, and it is clear that they reside in Korea.

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