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(영문) 서울북부지방법원 2018.02.01 2016가합26260
총회결의서무효,문중원지위 부존재확인의소
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C, of which the term “Defendant C” was fixed at a general assembly of literature dated June 27, 2015, 1.

Reasons

1. Basic facts

A. 1) Defendant B is a child of G, the Plaintiff is a child of H, who is a son of G, and Defendant B is a son of the Plaintiff’s wife, and Defendant B is a son of the Plaintiff’s wife. 2) A’s lineal descendant, who shares the same origin of performance, is also a household picture.

B. 1) I, H, and Defendant B, on March 3, 1962, completed the registration of ownership transfer for each real estate listed in the separate sheet as follows: ① the registration of ownership transfer for each real estate listed in the separate sheet as of March 2, 1962 with respect to 1/3 shares among each real estate listed in the separate sheet as of March 3, 1962; ② the registration of ownership transfer for each real estate listed in the separate sheet as of May 6, 1963 as of 1/3 shares out of each real estate listed in the separate sheet as of May 2, 1963; ② I, H, and Defendant B completed the registration of ownership transfer for each real estate listed in the separate sheet as of May 28, 1984 (Act No. 3562 of Apr. 3, 1982, and invalidation); and Defendant C (hereinafter “Defendant C”) completed the registration of ownership transfer for each real estate as of May 19, 1997.

C. H’s death died on or around June 22, 2005, and the Attached Family Register was also F, J, K, L, M, N, and the Plaintiff as his child, such as the forest.

The F’s transfer registration of ownership in the name of the Republic of Korea was completed on July 30, 2014. The “Written Decision” was prepared by the F, J, K, L, M, N, Plaintiff 7 (hereinafter referred to as the “W Decision”) to the effect that “The F will give the F any real estate in this case a donation (hereinafter referred to as “the donation”) to F, and the proposal to elect the F as the representative of the Defendant’s door was passed with the consent of all the members present.” The attending member of the said “W Decision” is the F, K, K, L, M, N, Plaintiff 7 (hereinafter referred to as the “W Decision”) to the effect that the said resolution was adopted on July 30, 2014.

(2) On October 6, 2014, F completed the registration of ownership transfer based on the gift made on August 30, 2014, respectively, with respect to each of the instant real estates on October 6, 2014.

(e) Cancellation of the transfer registration of ownership in F.

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