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(영문) 광주지방법원 2014.10.23 2013가합52198
소유권이전등기
Text

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

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a clan that is a joint group of W 15 years of age X (Y's 59 years of age, Z 30 years of age), and held a title trust with respect to each real estate listed in [Attachment 1] to A, AB, AC, and Defendant B, each of which constitutes a clan, held a title trust with AC's shares, and held a title trust with AB with respect to each real estate listed in [Attachment 1] paragraph (4) of [Attachment 1].

However, AB died on January 24, 1997 and died from AB's wife AD, AB's children AE, AF, and AG, and the designated parties succeeded to AB as shown in attached Form 1 to 8.

As at the ordinary general meeting on April 7, 2013, the Plaintiff passed a resolution to terminate the title trust and to complete the registration of ownership transfer under the name of the Plaintiff with respect to each real estate listed in the separate sheet No. 1, the Defendant B, C, and F (hereinafter “Defendant F”) and the designated parties are obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to each share in the separate sheet No. 2 on each of the above real estate.

B. In addition to each real estate listed in the separate sheet No. 1 list, the Plaintiff, as well as each real estate listed in the attached Table No. 1 list, has title trust to the clan members of the same clan, and each of the said real estate was expropriated in consultation with Gwangju Metropolitan City, and Defendant D and Defendant E (the head of the clan was appointed as AI, and the head of the general affairs was appointed as AJ in 201) who was the head of the clan at the time of the Plaintiff’s closure, received KRW 214,758,950 as compensation.

On April 7, 2013, the Plaintiff decided to take over the remaining remaining balance from Defendant D and E at an ordinary general meeting of shareholders.

Therefore, Defendant D and E are obligated to return to the Plaintiff the balance after settling the amount of the above compensation, so the Plaintiff is entitled to preferentially claim KRW 100,000,000 as part of the compensation.

2. Whether the lawsuit of this case is lawful

A. (1) Defendant F did not call a notice of convening a general assembly against all members of the clans with approximately KRW 1,000 prior to the opening of the general meeting on April 7, 2013.

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