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(영문) 대법원 1967. 11. 21. 선고 67다2013 판결

[소유권이전등기][집15(3)민,303]

Main Issues

(a) Article 48 of the Civil Procedure Act of the party’s ability and capacity during the literature;

B. Whether a resolution of the clan regularly open without any special convocation procedure is legitimate

Summary of Judgment

Since the door or clan can exist as an independent family organization that leaves its members, it shall have the ability to be a party if the representative has been determined.

The phrase, when it is necessary with respect to the administration or disposal of the property in the performance of the purpose or the door, may open and resolve the door (or the door) and the rules or customs with respect to the call-up of the door, the plaintiff's door has opened a regular meeting in Eul every year without special convocation procedure and has passed a resolution on matters concerning the management of the door and the door, as well as matters concerning the election of the representative in the door and other necessary matters. Therefore, it is legitimate to elect the representative at the regular meeting.

[Reference Provisions]

Article 48 of the Civil Procedure Act

Plaintiff-Appellee

Type of plaintiff

Defendant-Appellant

Defendant

Judgment of the lower court

Daegu District Court Decision 66Na853 delivered on July 27, 1967, Daegu High Court Decision 66Na853 delivered on July 27, 1967

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

Judgment on the ground of appeal No. 1 by Defendant’s Attorney

The phrase or clan refers to a clan organization, the purpose of which is to continue the worship of the common ancestor, to protect the graves, to preserve the friendship among the members of the clan, to promote the welfare, etc., and where its representative has been determined as an independent organization regardless of its members, it shall have the ability to be a party pursuant to Article 48 of the Civil Procedure Act. According to the judgment of the court below duly established, the plaintiff's door is a group of descendants, among the plaintiff's door consisting of the group of descendants of the group of descendants of the group of the group of descendants of the group of the group of descendants of the group of the group of the descendants of the group of the group of the members of the group of the group of the group of the members of the group of members of the group of the group of members of the group of members of the group of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group

In addition, when it is necessary for the execution of the purpose or the management or disposition of the property in the literature, the literature (or the general meeting) may open and pass a resolution, and the rules or practice of literature shall apply to the convening of the literature council. According to the facts established by the original judgment, the plaintiff's literature has opened a regular general meeting of Eul every year and has dealt with the management of the property in the literature. In light of the evidence adopted by the original judgment, the purport of the original judgment at the disposal of the property in the original judgment is that the plaintiff's literature opened a regular meeting without special convocation procedure and decided not only matters concerning the management of the property in the literature, but also matters concerning the selection of representatives in the literature and other necessary matters. Therefore, the purport that the original judgment decided that the non-party who is the representative of the plaintiff literature was elected not less than 20 years prior to the election of representatives in the literature of the plaintiff's literature was elected not more than 196, and it is nothing more than an error in the non-party's opinion that the non-party was the representative of the plaintiff in the ordinary meeting.

In addition, the representative of the literature does not necessarily have to be a representative of the literature or a person who has a high age and who has a high age to be a representative of the literature or a high age to be a representative of the literature or a high age to be a representative of the literature or a high age to be a representative of the literature or a high age to be a representative of the literature or a high age from among the literature or a high-level

Judgment on the second and third grounds

On March 28, 1918, when the original judgment was owned by the plaintiff, the forest land in this case is owned by the plaintiff, and it is recognized that title trust was held by the defendant's will and was entrusted with the circumstances in the name of the deceased at the time of the forest land situation, there is no error of law in violation of the rules of evidence or incomplete hearing.

In addition, even if the forest situation has the effect of creation like the theory of lawsuit, the argument that the ownership of the forest is not extinguished in the internal relationship due to the title trust between the parties, and that there is no ownership of the forest before the forest situation is established shall be the sole part of the argument that there is no ownership of the forest. Therefore, the opposing argument is groundless.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu