소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of a lawsuit
A. The gist of the party’s assertion is that the Plaintiff filed a claim for ownership transfer registration against the Defendant on the completion of the statute of limitations for the acquisition of possession of forest CY 1,785 square meters (hereinafter “instant land”) in Incheon-gun, Incheon-gun, and the Defendant is the title of the land in the instant case, and the registration of ownership preservation was not completed. Therefore, the Defendant is demanding the Defendant to implement the procedure for the registration of ownership transfer and the procedure for the registration of ownership transfer on the ground of the completion of the prescriptive prescription. As the Plaintiff passed a resolution to approve the filing of the instant lawsuit at the clan general meeting held on October 10, 2013, which was prior to the filing
As to this, the defendant asserts that the plaintiff does not have the substance of the clan, and that the lawsuit of this case is unlawful because it was filed without the resolution of the legitimate clan general meeting.
B. A lawsuit concerning the property jointly owned by a non-corporate body shall be filed under the name of the non-corporate body in the form of an essential co-litigation, or all its members shall become the parties thereto, and a lawsuit brought by a non-corporate body without a resolution of a general members' meeting shall be unlawful by holding special acceptance right as to filing a lawsuit (see, e.g., Supreme Court Decision 2006Da64573, Jul. 26, 2007). A clan, an unincorporated association, as a non-corporate body, shall undergo a resolution of a clan general meeting, unless there are special circumstances.
(See Supreme Court Decision 2013Da24382 Decided November 27, 2014, etc.). C.
Judgment
We examine whether the resolution of the special general meeting of October 10, 2013, asserted by the plaintiff, is valid or not.
The plaintiff's clan members are 25 members as stated in Gap's No. 16-1 (a list of members of the clan. Among them, 20 members, including D, shall directly attend an extraordinary general meeting held at the EF house located in Incheon Strengthening military EF on October 10, 2013 and shall be present at the above general meeting.