(영문) 인천지방법원 2010.09.15 2008가단8637

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2010.09.15 2008가단8637

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 14, 2006, the plaintiffs and the defendant clan (referring to the representative of the defendant clan; hereinafter the same shall apply) were similar to D on September 14, 2006 to purchase each land listed in the attached list (the sale contract of this case was 6,705 square meters for the plaintiff's land E, 1,653 square meters for the plaintiff's land (the plaintiff's land was 6,653 square meters for the plaintiff's land, and the F, forest land for the Incheon Strengthening-gun, but the registration conversion was 1,653 square meters for each land listed in the attached list on June 14, 2007; hereinafter the same shall apply) from the defendant clan. On May 2, 2007, the sale contract was concluded again to reduce the purchase price to 350,000 won per square year (hereinafter the revised sale contract was referred to as "the sale contract of this case").

B. The Plaintiffs paid D KRW 30,00,000,000 on September 14, 2006, and the intermediate payment of KRW 200,000,000 on May 3, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. Under the premise that the sales contract of this case is valid, the Plaintiffs seek for the implementation of the procedure for the registration of ownership transfer with respect to the land of this case in payment of KRW 54,800,000 ( KRW 884,800,000-330,000) in the balance of the purchase price of this case to Defendant clan.

B. As to this, the Defendant clan asserted that the instant sales contract did not properly undergo the resolution of the general assembly or the board of representatives under the rules of the Defendant clan, and that it cannot comply with the Plaintiffs’ claim.

3. Determination

A. Since the property of a clan belongs to the collective ownership of the members of the clan, the management and disposition of the clan shall follow the resolution of the general meeting of the clan, if there is no rules on the management and disposition of the clan, and therefore, even if the property of the clan is disposed of by the representative of the clan, it shall be done without following such procedures.

유사 판례

-대법원 2014.2.27.선고 2011다93834 판결

-광주지방법원 2019.02.14 2018가단521616

-청주지방법원 2017.04.06 2016가합20791

-대전고등법원 2015.09.23 2014재나99

-청주지방법원 2016.09.21 2016가합612