[부동산소유권이전등기청구사건][고집1973민(2), 262]
A person who received any property devolving upon the State by an unincorporated association or foundation
If the property devolving upon the State was not acquired by legal personality, such as the Plaintiff Sungdong Association, that is, an unincorporated association or foundation, the property devolving upon the State was not received by the individual indicated as the representative.
Article 3 of the Act on the Disposal of Property Belonging to Jurisdiction; Article 34 of the Civil Act
On November 26, 1968, 68Da1685 decided Nov. 26, 1968 (Supreme Court Decision 6236, Supreme Court Decision 163Du245 decided Nov. 245, 196, Supreme Court Decision 68Da211 decided Jan. 21, 1969 (Supreme Court Decision 17Da111 decided Nov. 10, 196, Supreme Court Decision 34(6)213)
Sung Dong-dong Association
Korea
Sung Dong-dong branch of Seoul District Court (73Gahap84) in the first instance court
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.
The plaintiff's attorney shall execute the procedure for the registration of ownership transfer on the plaintiff's 20th 20 site in Seongdong-gu, Seoul and the apap 2nd 89th 20 site in Seongdong-gu, Seoul, for the plaintiff's 55th 3th 2th 55th mn and 55th mn and 1st 9th 1st mn and 2th 2th mn and apap 1th 9th m and 2th 1st m. of 1955.
It is called that litigation costs shall be borne by the defendant.
The defendant litigation performer has revoked the original judgment and dismissed the plaintiff's claim. The plaintiff's claim is dismissed. The costs of lawsuit shall be borne by the plaintiff in both the first and second instances.
The non-party representative of the Sungdong Association concluded a sales contract with the defendant on December 30, 195 for the real estate stated in the purport of the claim, which is the property devolving upon the defendant, and paid the full payment to the defendant on September 14, 1966, there is no dispute between the parties.
However, the plaintiff's representative argued that "the defendant shall not perform the procedure for the registration of ownership transfer on the ground that the representative is not the non-party at the present time of the plaintiff's sex church". Thus, if an association or foundation, which is not a juristic person, was not a juristic person, such as the plaintiff's sex church, he shall be deemed to have received a non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's representative, so the plaintiff's sex church itself cannot file a claim against the defendant for
Therefore, since the plaintiff's claim of this case is improper and thus, the original judgment with different purport is without merit, the defendant's appeal is accepted, and the plaintiff's claim is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition by the application of Articles 89, 95, and 96 of the Civil Procedure Act to the burden of litigation costs.
Judges Noh Byung-man (Presiding Judge)