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(영문) 대전지방법원논산지원 2014.03.06 2013가단2330

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Text

1. Defendant B shall be the Daejeon District Court with respect to the Plaintiff with respect to the size of D 2,324 square meters, E prior to 149 square meters, and the size of 264 square meters prior to F.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1-1 to 7, 2-4 to 7, 5, 1-2, and 1-2:

The plaintiff is a clan naturally created for the purpose of the number of graves aged 26 years old, the conduct of estimation, and the preservation and management of clan properties.

The plaintiff enacted the clan on January 28, 1994, and its main contents are as follows.

Article 11 (Election of Officers) The officers of this clan shall be elected as follows:

1. 도유사: 통덕랑공(通德郞公), 별검공(別檢公), 판관공(判官公), 자손별로 순차로 각 문중에서 덕망있는 자를 천거하고 이를 총회에서 승인받는다.

제14조 (총회) 총회는 매년 과의공(果毅公) 세사(歲事) 봉행(奉行) 후 제후공사(祭後公私)로 하며, 세사(歲事) 참사자(參祀者)를 성원으로 하고, 다음 사항을 과반수 이상 찬성으로 의결한다.

Provided, That a decision shall be made with the consent of at least 2/3 of the matters concerning the amendment of the religious rules and the disposal of religious goods.

3. Disposal of paper goods;

4. Matters concerning forwarding;

B. The registration of ownership transfer (hereinafter “the first registration”) was completed on October 24, 2006, as the Daejeon District Court No. 32349, received on October 25, 2006, with respect to the 2,324 square meters in Seosan-si, Seosan-si, which was owned by the Plaintiff, as to the 1stm2,324 square meters in relation to E, 149 square meters in size, and F, 264 square meters in size (hereinafter “the instant real estate”).

C. The Plaintiff’s ownership is the Plaintiff’s KRW 595 square meters (the former 595 square meters, G, M., M., M., G., M., G., M., N. 1,101 square meters (the former H., M., M., M., M., M.) and KRW 585 square meters (the administrative jurisdiction became 585 square meters in M., M., M., M., P.) and KRW 1,964 square meters prior to P. (the administrative jurisdiction became 1,964 square meters prior to M., M., M., M., M., M.) and the “second real estate of this case” below.

The first real estate of this case and this.