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(영문) 전주지방법원 2015.09.16 2014가합6618

소유권말소등기

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The defendant clan is a clan consisting of descendants who jointly set up the F, and the plaintiff is a member of the defendant clan.

B. Defendant clan elected E as its representative with the consent of all seven members present at the general meeting of shareholders held in Kim Jong-si (hereinafter “instant general meeting of shareholders”) on October 23, 2005 (No. 2005. 9. 21) Kim Jong-si (hereinafter “instant general meeting of shareholders”).

C. The main contents of the clan regulations at the time of the instant general meeting are as follows.

Article 2 The purpose of this clan is to protect the following graves and to urn them for religious rites:

The office of this clan of Article 4 of the F seedlings and that of the same clan in G in Kim Jong-si shall be established in G in Kim Jong-si.

The similarity of the representatives of Article 6 shall be the key from the ordinary general meeting of shareholders, and the term of office shall be three years.

Provided, That it may be reappointed.

Article 9 shall be categorized into an ordinary general meeting and an extraordinary general meeting.

Article 10 The ordinary meeting shall be the second Sundays from September 9 of each year, and the extraordinary meeting shall be convened by the representative or the representative when the representative or the representative deems it necessary to do so.

Article 21. The funeral service for a grave shall be provided by the following means:

1. A manager shall be appointed to raise a grave;

2. The date of demotion shall be from September 9 of the sound calendar to the second Sundays, and shall be sealed in accordance with the procedures of the Gu Council prior to a grave.

The defendant clan completed the registration of ownership transfer on September 6, 201 by the Jeonju District Court Kim Jong-dong Office (No. 20838, Sept. 6, 2011), which was received on September 6, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3-1, 2, 4, Eul evidence Nos. 1, 3, 7 and 8-2, and the purport of the whole pleadings

2. Determination as to Defendant C’s main defense

A. The lawsuit of this case against the defendant C is a content that the plaintiff, which is the foundation of the defendant clan, seeks the return of the real estate which is the collective ownership property of the defendant clan against the defendant C, and the lawsuit concerning collective ownership property is a non-legal foundation.