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(영문) 광주지방법원순천지원 2015.09.09 2014가단74517
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The land in this case is the land owned by the plaintiff's clan and owned by the plaintiff's clan and owned by the plaintiff's clan in title trust. The representative of the plaintiff's clan registered the clan around March 23, 1994, and completed the registration of ownership transfer of the plaintiff's clan on November 10, 1994.

Plaintiff

On October 10, 2009, a resolution was passed to dismiss the representative F and executives at the extraordinary general meeting of the clan and to appoint G as the chairperson of the plaintiff clan.

The F convened and held an extraordinary general meeting on July 31, 2010, and the above F passed a resolution to appoint Defendant B as the president of the Plaintiff clan at the above extraordinary general meeting.

Plaintiff

On January 25, 2013, the appellate court of the case of 2008Gadan22218 (No. 2010Na8583, the appellate court of the case raised by the clan (No. 2010Na8583, the Gwangju District Court) claimed that G had already been appointed as the representative of the plaintiff clan before filing the appeal and that G submitted a written withdrawal of the application for taking-off and withdrawal of the appeal in accordance with the resolution of the plaintiff clan.

AB made it.

Defendant B appealed by Supreme Court Decision 2013Da18769, but the judgment of dismissal was rendered on June 13, 2013.

Meanwhile, on October 10, 2009, the Plaintiff’s clan completed the registration of change of the registered titleholder on the instant land on March 18, 2013 due to the change of the representative.

On November 4, 2013, Defendant B filed an application for the registration of change of the indication of a registered titleholder with respect to the instant land, and completed the registration of change of the indication of a registered titleholder (hereinafter “registration of change of the instant case”). The representative of the Plaintiff clan was changed to Defendant B on October 17, 2013.

On November 22, 2013, the registration of transfer of ownership (hereinafter “the registration of transfer of this case”) was completed in the name of Defendant C’s clan on November 15, 2013 under the name of Defendant C’s clan.

2. Plaintiff B’s lawsuit against Defendant B

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