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(영문) 인천지방법원부천지원 2017.08.17 2016가단112336
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a clan consisting of descendants of G, and the children of the plaintiff A, C, D, and E are children of the defendant's clan H (Death of June 10, 2008) that is the defendant's clan, and the plaintiff B is the spouse of the deceased H.

B. In 1936 with respect to the land of Dobong-gu Seoul Metropolitan Government, which is owned by the Defendant, the registration of ownership preservation was completed in the 1937 as to the land of J, and the registration of ownership preservation was completed in the 1937 as to the land of J. The Defendant developed each of the above land and its neighboring land in around 1987 and formulated a new construction plan, and the network H transferred the ownership and possession of each of the above land to the Defendant.

C. Around 2005, four apartment buildings were constructed on the ground of the land owned by the Defendant, and on January 5, 2005, M, the president of the Defendant, at the time of the Defendant, held a meeting of executive officers on the land owned by the Defendant, and passed a resolution to transfer the ownership of the real estate indicated in the attached Table to the network H and pay KRW 96,200,000 (hereinafter “instant payment agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5 to 7, Gap evidence 9, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to take the procedure for the registration of ownership transfer on January 5, 2005 for each share in the attached Form among the real estate listed in the inheritance shares list among the real estate listed in the attached Form, and pay the plaintiffs KRW 96,200,000 for each share in the attached Form.

B. The defendant's assertion 1) The defendant asserts that the agreement, such as the payment in kind, of this case, is not effective by M without the power of representation, and that the agreement is not effective by the defendant's general meeting of clans with respect to the disposal of property. 2) The defendant's argument, the defendant's statement, the evidence No. 1 (including the serial number), and the purport of the whole argument, M.

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