소유권이전등기말소
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal are Qua as the representative of the Plaintiff.
1. The reasoning for the court’s explanation concerning this part of the basic facts is the same as that of Paragraph 1 among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure
2. The court's explanation on this part of the plaintiff's assertion is the same as the statement in Paragraph 2 of the judgment of the court of first instance, and therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
3. Determination as to the defendants (excluding defendant J)'s main defense
A. Defendant’s assertion 1) Since Q, the representative of the Plaintiff, was not elected as lawful representative of the Plaintiff, the instant lawsuit was instituted by a person without legitimate authority of representation, and is unlawful. 2) In order to file a lawsuit concerning the property of a clan, a legitimate resolution of the general meeting is required. Each general meeting for instituting the instant case is null and void by omitting a notification of convening a clan member. Thus, the instant lawsuit is unlawful as it was filed without a resolution
B. 1) The representative of a clan shall be appointed according to the rules of the clan or special practices if there is a legitimate representative authority of the plaintiff's representative, and if not, according to general customs, the head of the clan or the head of the family shall convene a clan member who is an adult member and be elected by a resolution of the majority of the present members.
In general, it is common customs to notify the members of the clan who have not been appointed by the head of the clan or the head of the door and who are the highest and have the highest time to the head of the clan from among the members of the surviving clan and who are obviously residing in Korea and have been living in Korea, and to convene the general meeting of the clan, and to appoint the representative of the clan at the meeting, unless there is no rules or practice regarding the appointment of the head
(see, e.g., Supreme Court Decision 2009Da7182, May 28, 2009). When a clan holds a general meeting, the scope of the members of the clan, which is subject to notification for convening a clan, shall be determined by the clan, etc., and shall be residing in Korea, except