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(영문) 서울서부지방법원 2016.02.02 2014가단245844
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative B of the plaintiff.

Reasons

1. The plaintiff asserts as follows. A. The plaintiff asserts as the ground for the claim of this case.

The plaintiff is a clan that makes DC 25 years old E as a good.

B. The forest of this case is real estate owned by the Plaintiff.

B. F is a registration invalidation of the cause of transfer of ownership in the name of G, on the ground that: (a) the F appoints himself as the Plaintiff’s representative; (b) the instant forest is sold; (c) the minutes and articles of association of the special general meeting of February 21, 2009; (d) the sales contract of March 9, 2009 to sell the instant forest to G was falsely prepared; and (e) the registration of transfer of ownership in the instant forest is completed in the G, by using it.

C. Meanwhile, on July 13, 2009, the Defendant completed the registration of transfer of ownership in its name with respect to the instant forest land, and this is a registration of invalidation, as it was based on the registration of transfer of ownership in G name, which is null and void.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to the forest of this case to the Plaintiff, who is the true owner.

2. We examine whether the instant lawsuit is lawful, and whether B is a legitimate representative of the Plaintiff.

The general meeting of a clan shall be convened by its representative, and the general meeting of a clan convened by a member other than the representative shall not have the effect of a resolution adopted by the general meeting of the clan because it is inappropriate for a person not authorized to convene

(see, e.g., Supreme Court Decision 2010Du2609, May 27, 2010). In full view of the following circumstances acknowledged by Gap’s evidence Nos. 16, 19, and Eul’s evidence Nos. 11 and 11 (including additional numbers), Eul refers to the representative of the Plaintiff, and it is difficult to view the Plaintiff as the representative of the Plaintiff.

① Until September 11, 2005, H was in the status of representative of the Plaintiff clan, and H was in the status of registration number I for real estate registration on behalf of the Plaintiff clan around 1998.

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