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(영문) 대구지방법원 김천지원 2018.01.18 2016가단34195

소유권이전등기

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Each real estate listed in the attached list No. 1 of the plaintiff's assertion is owned by the plaintiff's clan, and around January 17, 1984, each title trust was held by the F and six members of the clan, respectively.

F The Defendants, the deceased on August 12, 1989 and the deceased’s heir, the deceased F, are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust to the Plaintiff.

2. Judgment on the main defense of this case

A. Even according to the plaintiff's assertion of the safety defense of this case, the plaintiff cannot be viewed as a clan recognized by our legal system, and it cannot be viewed as being a clan with organization and therefore, it cannot be viewed as being in practice.

Since it is unclear whether a legitimate resolution of the general meeting of clans regarding the filing of the instant lawsuit was made, the instant lawsuit is unlawful.

B. Determination as to whether the Plaintiff is a clan with a unique meaning of the common lines of G (see Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005). The relevant legal doctrine is a naturally occurring family organization formed by descendants of the common lines for the purpose of protecting the graves of that group, promoting friendship between their descendants and their descendants (see Supreme Court Decision 91Da42081, Jul. 24, 1992; 91Da42081, Jul. 24, 1992; 2002Da1178, Jul. 21, 2005). The unique meaning of a clan is that a clan member is not deprived of its member's qualification or that a clan member is not a similar organization, and its clan member is not a member of the same clan (see Supreme Court Decision 2006Da1668, Jun. 16, 2014).