소유권보존등기말소등기절차이행
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by C.
1. Determination on the lawfulness of the instant lawsuit
A. Facts of recognition 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”)
(2) On November 16, 1918, the registration of initial ownership was completed on May 6, 2009 by the Defendant. 2) The network E with children of the network E, the network E with children of the network E, and the Defendant is the wife of the networkF.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
B. The plaintiff's assertion and the defendant's defense before the main body of the defendant asserted that the real estate of this case was registered in title D as the plaintiff's ownership, which was owned by the clan and was registered in the name of the defendant, and that the above registration was owned by the plaintiff, and therefore, the defendant is obligated to implement the procedure for the registration of cancellation of the registration of ownership preservation
As to this, the defendant argues that the lawsuit of this case is unlawful since the plaintiff was not equipped with the substance of a clan and the plaintiff's representative has no right to represent the plaintiff lawfully.
C. 1) Whether the Plaintiff constitutes a clan or not does not require a special organization of a naturally created clan group, which is composed of natural members for the purpose of protecting the graves of a common ancestor, promoting friendship among its members, etc. The descendants sharing the same clan with the common ancestor and the family clan naturally become its members when they reach majority without distinction of gender (see, e.g., Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005).
No member of a clan shall withdraw from the clan.
Therefore, an organization consisting only of some members of a clan residing in a specific area is merely a similar organization of a clan and cannot be a clan of its unique meaning. The purpose of a clan is to determine whether it constitutes a clan of its own meaning.