(영문) 서울동부지방법원 2017.08.18 2016가합118

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(영문) 서울동부지방법원 2017.08.18 2016가합118

명의신탁해지를원인으로한소유권이전등기

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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of the lawsuit are E indicated as the representative of the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan that is the joint group of F Sinsi G 28 years old, and among each of the instant real estate, the registration of ownership transfer was completed in the name of Defendant B with respect to each of the instant real estate, the name of Defendant C with respect to each of the instant real estate, and the name of Defendant D with respect to the instant real estate in the name of Defendant C with respect to each of the instant real estate.

B. On January 31, 2015, the Plaintiff opened an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) and passed a resolution to appoint E as the president, who is the representative of the Plaintiff (hereinafter “instant resolution”).

C. On January 8, 2016, E filed the instant lawsuit against the Defendants on behalf of the Plaintiff on the ground that “the Plaintiff trusted each of the instant real estate to the Defendants.”

[Reasons for Recognition] Facts without dispute or obvious in records, entry of Gap 1 through 11 (including additional entry; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The lawsuit of this case filed by the Defendants prior to the merits was unlawful since it was filed by E without legitimate authority to represent the Plaintiff.

B. The representative of a clan of the relevant legal doctrine shall be appointed in accordance with the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect persons who have attained majority among the members of the clan, and if not, the head of the clan shall not be appointed by the head of the clan or the head of the door, and if there is no rules or practice regarding the appointment of the head of the clan, he shall notify the existing members of the clan who have become the head of the clan or the head of the door and have been residing in Korea and shall convene a general meeting of the clan and

In addition, in order to take effect the resolution of the clan general meeting for the appointment of the clan representative, it is necessary to have the general meeting convened by the legitimate convening authority.

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