[소유권이전등기말소청구사건][하집1987민(1),121]
Whether a member of the clan is eligible for a party in the litigation for the cancellation of registration for ownership transfer of a clan;
The provisions of Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property, and unless there are special circumstances, it shall be subject to a resolution of the general meeting under Article 276 (1) of the Civil Act. The family property is the collective property of the members of the same clan, and therefore, it shall be deemed that the management of the property of the clan is the collective property of the members of the same clan, and in making a claim for cancellation of the ownership transfer registration concerning the real property, the members of the clan shall be authorized to perform the preservation activities such as the request for cancellation of the ownership transfer registration by resolution in accordance with the regulations of the clan or the resolution of the general meeting of the members of the same clan
Articles 265 and 276(1) of the Civil Act
Supreme Court Decision 73Da47 delivered on May 27, 1975 (Article 276 (9) 545 of the Civil Code, Article 276 (9) Ka10964 house 23 ② 66Gong516, 8475) 80Da2045 and 2046 delivered on December 9, 1980 (Articles 275 (30) 544 of the Civil Code, Article 275 (30), 12562 house 2839Gong649, 13461)
Plaintiff
00,000
Incheon District Court of First Instance (85 Gohap66)
The appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The original judgment shall be revoked.
The defendant shall implement the procedure for cancellation registration of ownership transfer registration made by the Incheon District Court No. 968 on January 9, 1985 with respect to the real estate recorded in the attached list to the plaintiff.
Judgment that the costs of lawsuit shall be borne by the defendant in both the first and second instances;
As the cause of the claim of this case, the real estate recorded in the attached list is the real estate owned by the members of the above clan, which is the collective ownership of the members of the above clan, for which the registration of ownership transfer has been completed under the name of the non-party clan whose members was the plaintiff, and the non-party 1 sold this real estate to the defendant without a legitimate resolution of the general meeting of clans on January 9, 1985, and completed the registration of ownership transfer under the name of the defendant as stated in the purport of the above real estate on the same day on the same day. Since this is invalid, it is the registration of invalidity of the cause, the plaintiff is an act of preserving the property jointly owned by the members of the above clan, or because the plaintiff's parent funeral was established, and thus, he claims that the registration
Therefore, the court below's rejection of the plaintiff's motion for the above non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 3's non-party 1's non-party 5's non-party 1's non-party 2's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1'
A case where a judge’s normal study (Presiding Judge) is removed;