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(영문) 대전지방법원 2013.09.05 2013나2373

소유권이전등기절차이행

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is C. the representative of the Plaintiff.

Reasons

1. Determination on the defense prior to the merits

A. The defendant defenses: (a) the plaintiff did not have the substance of a clan; (b) the representative of the plaintiff did not go through a legitimate clan general meeting in filing the lawsuit of this case; and (c) the special general meeting of the representative C on July 14, 2013 alleged that the plaintiff ratified the litigation of this case by the representative C is invalid because the notice of convening special meeting of the representative C is also unlawful and invalid;

B. The plaintiff filed the lawsuit in this case, and the plaintiff's clan was the plaintiff's 18-year old descendants, and argued that the plaintiff's clan was the 26-year old descendants who set up in the Ro Council of the Chungcheongnam-gun budget for the 18-year old descendants and spreaded their descendants, and that the plaintiff's Hah's 26-year old descendants were the 27-old descendants, the 28-year old descendants, and the 29-old grandchildren and M were the 26-year old descendants who were the 29-year old descendants, and that the plaintiff's Hah's 26-year descendants were the 29-old descendants and the 20-year old descendants were the 20-year old descendants who were the 29-old descendants and the 20-year-old descendants were the 20-year group members of the clan, which were different from the 20-year group members of the plaintiff's 20-year clan, and thus the 280-year members of the clan were the joint members.

3. A clan is a naturally occurring family organization formed for the purpose of the number of graves of the common ancestor and the friendship among descendants and for the purpose of friendship among descendants, and is naturally customary by its descendants at the same time as the death of the ancestor.