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(영문) 서울중앙지방법원 2018.10.26 2017가단5061337

소유권이전등기

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion is a naturally occurring family organization established by the descendants of J, 20 years of age, for the purpose of promoting the protection of graves, religious services, and friendship among the members of his/her family by jointly setting up a clan code around August 2005, which has been sexually written and amended on September 5, 2015. The plaintiff's assertion constitutes a clan of unique meaning when comprehensively judging the content, purpose, the background of the establishment and organization, the scope of and qualifications for the members of his/her family, etc.

The Plaintiff registered the title trust on December 29, 195 with L, M, N,O, P, and Q, which is one of the fundamental property of the family clan, in the name of Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant land”) in the name of K, and registered on December 29, 195 in the name of H, H, M, N, P, and Q. The six members of the above clan died, and all of the six members of the above clan were deceased, and Defendant G is the heir of M, and Defendant G is the heir of P. The respective inheritance shares of the Defendants are as shown in the attached inheritance shares.

Therefore, the Plaintiff expressed to the Defendants the intent to terminate the title trust on the instant land through the service of the duplicate of the instant complaint. As such, the title trust on the instant land is deemed to have been legally terminated, the Defendants are obligated to implement the procedures for the registration of ownership transfer on the grounds of termination of the title trust agreement with respect to each of the inherited co-ownership on the instant land.

B. As to the claims of Defendant B, C, D, E, and F, the above Defendants are the defense of this safety as follows.

The plaintiff is an organization established voluntarily for the purpose of filing the lawsuit of this case by taking the lead of some descendants of the descendants who are 20 years old and older members who jointly set up the resolution of this case. Since there is no substance as a clan, the plaintiff's representative is not capable of being elected at the general meeting convened through legitimate procedures, the plaintiff's representative is not eligible to represent the plaintiff.

2. Determination as to whether a clan exists.