소유권확인
1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
1. On December 18, 1970 with respect to the land size of 1,839.2 square meters in the previous Jeju District Court, Kim Jong-dong, the Jeonju District Court Kim Jong-dong, as the receipt on December 22, 1970, completed the registration of transfer of ownership in the name of "E" under the name of "E".
On December 17, 2001, F.F. 564 square meters was divided from the above land and became the land of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and 8, the purport of the whole pleadings
2. The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property to determine the legitimacy of the lawsuit in this case. Barring any special circumstance, barring any special circumstance, the resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act is required to pass a resolution of a clan general meeting, barring special circumstances where a clan, which is not a juristic person, files a lawsuit as an act of preserving collective property (see Supreme Court Decision 2009Da83650, Feb. 11, 2010). The issue of whether a clan, as a non-legal entity, has the capacity to be a party as a non-legal entity, shall be determined at the time of the closing
(Supreme Court Decision 93Da27703 delivered on September 30, 1994). According to the records of the health class and the evidence No. 1 through No. 3, the plaintiff decided to hold a general meeting of March 21 of each year in the clan regulations, the plaintiff decided to appoint C as a representative with the consent of 16 members present on February 1, 2014, and there is no evidence to acknowledge that the court of first instance passed a resolution of the plaintiff to institute the lawsuit of this case through a legitimate general meeting of clan and that C is a legitimate representative of the plaintiff's clan.
“The instant lawsuit was dismissed on the grounds of this,” and the Plaintiff shall appoint a representative of C with the consent of all 35 members present on May 9, 2015 (as of March 21, 2015), who are the day of the ordinary general meeting of shareholders.