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(영문) 수원지방법원 2015.07.09 2013가합17660
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

2. Litigation costs shall be borne by AD which is represented by the representative of the plaintiff clan.

Reasons

1. Claim of this case

A. The Plaintiff clan is composed of adults aged 20 years or older from among the descendants of Pyeongtaek-si AK, who are 27 years of age or older, who come to the Pyeongtaek-siJ among the descendants of Pyeongtaek-si AH during the Japanese wave.

B. Each of the instant real estate in the Forest Investigation Injury was under the circumstances of AGC C 3 years of age, the representative of the Plaintiff clan at the time, and among them, the instant AE forest was completed the registration of ownership transfer on the grounds of October 20, 1934 with respect to the instant land for sale and purchase as of January 25, 1935, and on April 4, 1940 for sale and purchase as of April 2, 1940, each of the AGC 34 years of age, AM, N, and AO was completed. At the time of the forest investigation, AM was under the circumstances to AL who was the representative of the Plaintiff clan at the time of the forest investigation. Since AM died on November 18, 1991, Defendant B, the head of AM, was completed the registration of ownership transfer due to inheritance by agreement division on December 30, 1993.

C. However, each real estate of this case is a title trust to the forest land owned and managed by the plaintiff's clan or its members.

Therefore, the successors of the title trustee of the land of this case are Defendants B, AO, and N, and the remaining Defendants, who are the successors of the title trustee, are obligated to implement the registration procedure for ownership transfer for each share indicated in the attached Form 1 inheritance shares to the Plaintiff clan on the grounds of the termination of the title trust on the date of service

2. Determination on the defendants' main defense

A. The summary of the defendants' assertion 1) The extraordinary general meeting in which AD was elected as the chairperson of the plaintiff clan because there is no legitimate convening notice, and therefore, AD, the representative of the plaintiff clan, is not a legitimate representative of the plaintiff clan. 2) Even if the plaintiff clan did not hold the general meeting of the clan which makes a resolution to bring the case of this case, or if the general meeting of the clan with such a resolution has been held, the general meeting is not convened by the legitimate convening authority, but does not follow legitimate convening procedures. Thus, the lawsuit of this case is not a legitimate convening authority.

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