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(영문) 대구지방법원안동지원 2016.05.18 2015가단5026
가등기말소
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. On February 16, 1995, the Plaintiff’s assertion D had completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”) on February 16, 1995 in order to secure the Defendant’s obligation to return the borrowed money by borrowing money from the Defendant.

After that, on January 9, 1997, D repaid all the above principal and interest of the loan to the Defendant, but the Defendant did not cancel the provisional registration of this case.

On the other hand, the plaintiff was transferred the ownership of the real estate of this case from D on July 25, 2007, as a clan that made the E 16-year-old descendant F as a joint ancestor.

Accordingly, the Plaintiff seeks cancellation of the provisional registration of this case against the Defendant based on the right to claim the exclusion of interference based on ownership.

2. Judgment on the defendant's main defense

(a) The following facts of recognition do not conflict between the Parties:

1) The rules pertaining to the composition and the general meeting shall be attached to the Plaintiff’s complaint submitted by the Plaintiff. The provisions pertaining to the composition and the general meeting are as follows. The clans of Article 2 (Composition) consist of male and female members aged 20 or older from among the members of the Salary-gun G and H among the descendants A. Article 11 (General Meeting) ① A clan meetings shall be held at an ordinary general meeting and extraordinary general meeting, and shall be organized and held as members of the clan meetings. ② The general meeting shall be held once every year during November of the sound records, and the extraordinary general meeting shall be held from time to time when necessary. ③ The general meeting shall be held at least three days before the president opens a notice to all members by mail or various means of communication. Article 12 (General Meeting with the Authority of the General Meeting)

1. Establishment and amendment of the bylaws of the clan;

2. Election of executives;

3. Approval of business plans, budgets and settlement of accounts;

4. Preservation, operation and management of the clan property;

5. Acquisition and disposition of clan property;

6. Use and profit-making and ratification of clan property;

7. Matters concerning the award and punishment;

8. Other important matters are written in the copy of the text of October 8, 2015, which was submitted by the 2nd Plaintiff.

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