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(영문) 창원지방법원 2015.08.13 2015가단72692
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The Plaintiff’s assertion is a clan consisting of descendants of the deceased E, and the Defendant title trusted the Defendant with the land of 9,385 square meters (hereinafter “instant land”).

The Plaintiff terminates the title trust with the service of the instant complaint against the Defendant.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff due to the termination of title trust.

2. Determination on the legitimacy of a lawsuit

A. 1) The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, barring special circumstances, a resolution of the general meeting is required to pass a resolution of the general meeting of a clan general meeting (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). A resolution of the general meeting of a clan general meeting refers to the attendance of the majority present at the general meeting of the members, and the majority of the members present at the general meeting exceeds 1/2 (see, e.g., Supreme Court Decisions 93Da4089, Nov. 22, 1994; 2089, Nov. 22, 1994; 14; 2010Da141750, Apr. 14, 2017).

According to the above facts, the general meeting of December 7, 2014 (hereinafter referred to as the "special meeting of this case") held without the attendance of the majority of the members of the clan who notified the convening of the meeting.

3. Regarding this, the Plaintiff shall make a resolution at the special general meeting of this case.

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