beta
(영문) 서울고등법원 2019.02.14 2018나2051486

소유권이전등기

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal are J as the representative of the Plaintiff.

Reasons

1. As to this part of the basic facts, the reasoning of this Court is as stated in the part of “1. Basic Facts” (Articles 17 and 18, 2, 17, 6, and 6) of the judgment of the court of first instance, except for the accusation as follows. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition, the term "11 years of age" in the first sentence of the judgment of the court of first instance shall be "18 years of age".

On February 13, 1984, AI died on February 13, 1984, and jointly succeeded to AI. On January 14, 2004, AL, AM, and N have died on February 13, 2001. 6) AJ jointly succeeded to AL, AM, and I have died on February 13, 2001, and Defendant F, G, H, I, and I, their husband and children, were jointly succeeded to AJ on February 13, 2001. BA also died on March 25, 201.

7) AK died on September 18, 2013, and jointly inherited AK, Defendant B, C, and D, their children, respectively. [Judgment of the court of first instance] Article 5 of the judgment, “2007Da73666, Dec. 28, 2007” is deemed to read “2007Da73666, Dec. 28, 2017,” “2007Da73666, Dec. 28, 2017.”

On the 6th judgment of the first instance court, the "8 AW Chairperson" of the 14th to 16th judgment was decided to be excluded from the clan members.

" by striking".

2. Summary of the parties' arguments

A. The plaintiff 1 had been working as a clan before AB was assessed on the land of this case in its own name.

In the past, the Plaintiff operated a clan from the past to the name of AO, or AW, and was included in the members of the clan from among his descendants and descendants other than the O. However, according to the purport of the relevant judgment on December 11, 2016, the Plaintiff legitimately convened a general assembly and subsequently changed the clan regulations to be only the members of the clan, and the name of the clan changed to the name of the clan to the "Amjon Society."

The plaintiff is now a co-helper's descendants of 160-170 full-time male men.