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(영문) 창원지방법원진주지원 2017.09.15 2016가단3306
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that the plaintiff was registered as a Si Group E, who is 12 years of age from CJ C, C, C, C, C, and C, and C, and the group group of five years of age, G, 14 years of age, H, 15 years of age, H, 16 years of age, and I is a clan that manages the above orders, and the defendant's attached list was registered as a member of the family. On September 26, 1970, J made a registration of preservation of ownership on each of the above real estate under the Act on Special Measures for the Registration of Real Estate, and thereafter the defendant made a registration of ownership transfer on each of the above real estate for inheritance.

The plaintiff terminated the above title trust by serving a duplicate of the complaint of this case. Thus, the defendant must implement the procedure for the registration of ownership transfer on each of the above real estate.

2. Judgment on the main defense of this case

A. In order for the Plaintiff to file the instant lawsuit, the Defendant’s main defense ground for the Defendant’s main defense ought to make a resolution on filing a lawsuit at the clan general meeting duly convened, and the Plaintiff’s resolution at each general meeting held on November 27, 2015 and November 13, 2016 is null and void as it was adopted without legitimate convening procedures. Thus, the instant lawsuit is unlawful.

B. 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, a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act shall be passed. Thus, in cases where a clan which is not a juristic person files a lawsuit as the preservation of collective property, it shall undergo a resolution of the general meeting of the clan unless there are special circumstances.

In holding a general meeting of a clan, each person shall be given an opportunity to participate in the meeting, discussion, and resolution by individually giving notice to all the clan members who can be notified individually after determining the scope of the members of the clan subject to notification for convening the meeting, except in extenuating circumstances.

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