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(영문) 대구지방법원포항지원 2014.10.06 2014가합500

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the chairperson of the plaintiff clan.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff clan asserted that the plaintiff clan was a member of the X clan that was 5 years old and 5 years old, and since the descendants of W 6 years old and Y and Z have been naturally formed for the purpose of promoting mutual friendship by bringing about the vision of the ancestor in October of each year, the plaintiff clan was capable of being a member of the clan, and the plaintiff clan issued a notice of convening 18 members of the clan on March 27, 2014, and legitimately held an extraordinary general meeting on April 5, 2014 and elected T as a representative, T is a legitimate representative of the plaintiff clan.

B. As to whether the plaintiff's clan was lost, it is insufficient to recognize the existence of the plaintiff's clan by the testimony of Gap's 1, 2, 7, and 12 and the witness A, AC, and AD alone, and there is no other evidence to recognize it otherwise. Even if the plaintiff's clan was lost, a person who has the right to call an extraordinary general meeting of the general meeting of the plaintiff's clan to appoint the plaintiff's clan is currently the plaintiff's representative, and there is no evidence to recognize that the plaintiff's representative has the right to call an extraordinary general meeting of the plaintiff's clan or to call an extraordinary general meeting of the plaintiff's non-existent, although the plaintiff's representative, organization, and activities were not recorded in the register of the plaintiff's clan, and there is no evidence to recognize that the plaintiff's representative, organization, and activities had the right to call an extraordinary meeting of the plaintiff's clan.