소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Defendant B, C, F, I, K, L, and M’s attorney defense to the effect that there was no contact to attend the inaugural general meeting of the Plaintiff clan, and therefore, we examine the legitimacy of the instant lawsuit ex officio.
2. In a case to which a clan is a party, whether there is a legitimate representative authority for the representative of the clan is a matter pertaining to the requirements for the lawsuit (see Supreme Court Decision 2000Da42908, May 14, 2002). A lawsuit concerning collective property can only be filed in the name of the non-corporate group subject to a resolution of the general members' meeting, or in the form of an essential co-litigation because the non-corporate group can only be filed in the form of an essential co-litigation, and a lawsuit filed by a non-corporate group without a resolution of the general members' meeting shall be unlawful by
(See Supreme Court Decision 2006Da64573 Decided July 26, 2007). In addition, a clan general meeting shall have no effect on the resolution of the general meeting of a clan meeting held without a notification for convening a meeting, discussion, and resolution by each of the members of the clan, by individually convening a notification to all the members of the clan who are able to be notified because their whereabouts are clearly residing in Korea after determining the scope of the members of the clan subject to notification for convening a meeting, unless there are special circumstances.
(See Supreme Court Decision 2006Da74273 Decided March 29, 2007, etc.). 3. According to the records of this case, the following facts are recognized.
① On September 16, 2012, at around 13:00 on September 16, 2012, the Plaintiff’s clan held an inaugural general meeting in U.S., prescribed the rules at its inaugural general meeting, elected V as president, and decided to complete the registration of ownership transfer for the instant land in the name of the Plaintiff clan.
② However, on September 16, 2012, T seems to have any error in the Y A’s Y located in the Sung-gun X in the Haak-gun of North Korea on September 4, 2012.
(see Evidence A 5's Y domicile). A public notice to hold an inaugural general meeting was given but time as above.