beta
(영문) 대구지방법원 2015.07.24 2015나1152

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of members of C4 years of age D's descendants.

B. As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”), the former land cadastre is indicated as follows: (a) the real estate listed in paragraph (1) of the attached Table No. 1 on November 15, 1912 by the Plaintiff clan E; (b) the real estate listed in paragraph (2) of the attached Table No. 2 on September 5, 1919; and (c) the real estate listed in paragraph (4) of the attached Table No. 3 on September 2, 1919; and (c) the real estate purchased from the State on November 7, 1930.

C. On June 14, 1948, the registration of ownership transfer was completed in the name of 16 years of age of the Plaintiff clan F on the real estate stated in the attached list No. 1, 1948. On April 28, 201, the registration of ownership transfer was completed in the name of the Defendant on the ground of the inheritance of the property by consultation division, and on each real estate listed in the attached list Nos. 2, 3, and 4, on June 30, 1970, the registration of ownership transfer was completed in the name of 18 years of age of the Plaintiff clan G with respect to the real estate listed in the attached list No. 2, 3, and 4. On June 20, 195.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on this safety defense

A. The decision of the clan on September 7, 2013, which elected the Defendant’s argument H as the representative of the Plaintiff clan, was made without a legitimate notification of convening a clan, and thus, is null and void.

Therefore, the lawsuit of this case is unlawful as it is brought by a person without the power of representation.

B. In the absence of special circumstances, the 1 clan general meeting provides each person with an opportunity to participate in meetings, discussions, and resolutions by individually notifying all the clan members who are clearly residing in the Republic of Korea after determining the scope of the clan members subject to notification for convocation by the clan members, and the clan general meeting held without lack of notification for convocation to some clan members.