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(영문) 대구지방법원 2015.02.12 2014나9746

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against V, expressed as the representative of the Plaintiff.

purport, purport, and.

Reasons

1. The plaintiff's assertion

A. The plaintiff is a clan of its unique meaning that consists of descendants, who jointly set up He's 23 years old descendantsJ as H's pilot.

B. On March 1964, the Plaintiff purchased the instant shares and thereafter held the title trust with K, which is a final cause of the Plaintiff. On June 24, 201, the Defendants, who are K’s children, succeeded to the status of the title trustee.

C. The Plaintiff notified the Defendants that the above title trust will be terminated through the service of the duplicate of the instant complaint. As such, the Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of title trust as stated in the purport of the claim to the Plaintiff.

2. Determination as to the legitimacy of the instant lawsuit

A. The Defendants’ legitimacy of the lawsuit related to the alteration of a common ancestor is the Plaintiff’s own meaning as a clan with its own meaning, and the common ancestor was first asserted as the father of the J and changed to the court of the trial. However, since the Plaintiff’s change constitutes a party’s change, this case’s lawsuit is an unlawful defense, and thus, the Plaintiff asserted as a species of a unique meaning that the Plaintiff made himself as a joint ancestor in the instant complaint, and it is apparent in the record that the claim is maintained by the date of the closing of argument in the trial of the party. Therefore, the Defendants’ aforementioned defense is not well-grounded.

[The plaintiff stated that "the member of this meeting shall be N's lineal descendants of N's lineal descendants," but such circumstance alone does not lead to the plaintiff's filing of the lawsuit in this case as a clan that is a joint establishment of M, although Article 4 of the Closing (Evidence No. 6-3 of the Evidence No. 6-2) provides that "the plaintiff shall be the lineal descendants of N's lineal descendants.

On September 8, 2014, the Plaintiff’s resolution to institute a lawsuit and whether the representative’s legitimacy is lawful is added to the overall purport of the pleadings in each statement of evidence Nos. 6 and 12 of the Plaintiff’s clan A, and even on September 12, 2012, Sept. 30, 2012; and on September 30, 2012, the Plaintiff’s statement of evidence Nos. 11335, Feb. 10, 2013; and September 19, 20