소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The Plaintiffs and the Defendants asserted that they were the members of the clan and their successors of the Rins (hereinafter “instant text”). On January 14, 1976, the instant text held title trust by completing the registration of transfer of ownership in the name of four persons (hereinafter “title trustees”) such as the network T, network U, Defendant D, E, etc. on January 10, 1976, with respect to the trade of the Ulsan-gun, U.S. Park 3rd 8rd 7rd 1, 1976 (hereinafter “instant real estate”).
The Defendants maintained a title trust relationship with the instant text regarding each real estate stated in the separate sheet, as the title trustee or a person who received or purchased donations from the title trustee, and completed the registration of transfer, the Defendants filed a claim to confirm that each real estate listed in the separate sheet 1, 5, and 9, is owned in the form of the instant text.
The Defendants’ text of this case is an unincorporated organization, and even if not, the Plaintiffs’ individual does not have the standing to file a lawsuit concerning the instant text, and thus, the lawsuit of this case shall be dismissed in an unlawful manner.
A lawsuit concerning property jointly owned by an unincorporated association may be filed under its name with a resolution of a general meeting of members or may only be filed in the form of an indispensable co-litigation in which all its members become a party, and even if they are the representative of the association or the members of the association were subject to a resolution of the general meeting of members.
Even if the lawsuit cannot be a party to the lawsuit, and this legal principle is the same to the case where the lawsuit is brought as a preservation act of collective ownership property.
(see, e.g., Supreme Court en banc Decision 2004Da44971, Sept. 15, 2005). Each statement of No. 4, No. 1, and No. 5 is not sufficient to recognize the fact that the instant text constitutes a clan or a similar organization of a clan, and even if the instant text is used, it is difficult to recognize the fact that the instant text constitutes a clan or a similar organization.