소유권이전등기
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 10, 1917, the Plaintiff’s argument that the Plaintiff’s clan was in the name of the clan E, a representative of the clan, with respect to D forest land of 28363 square meters (hereinafter “instant real estate”).
The E's death before the E's deceased, and the F's funeral G succeeded to the family, but G was difficult to take charge of the worship of the clan due to the fact that G succeeded to the family.
Accordingly, in around 1994, the plaintiff clan trusted the real estate of this case to the defendant C.
On July 18, 2003, Defendant C donated the instant real estate to Defendant B, a mother, who was aware of the title trust.
Accordingly, the Plaintiff’s clan terminated the title trust agreement on the instant real estate against the Defendants.
Therefore, since Defendant B comprehensively succeeded to the status of the trustee or the registration of transfer of ownership in Defendant B constitutes a false representation in conspiracy, it is obligated to cancel the registration of transfer of ownership, and Defendant C is obligated to implement the procedure for transfer of ownership to the Plaintiff following the cancellation of title trust.
2. Determination as to the defendants' defense prior to the merits
A. Although the defendants' defenses before the establishment of a clan did not go through the general meeting of the clan while filing the lawsuit of this case, the plaintiff filed the lawsuit of this case with the resolution of the general meeting of the clan.
The representative was changed at a temporary general meeting which is not a regular general meeting, and the procedure for convening a temporary general meeting is illegal, and the lawsuit in this case is instituted by a person other than the representative
Therefore, the instant lawsuit is unlawful.
B. (1) Determination shall be made by the resolution of the general meeting of a clan, unless there are special circumstances, even in cases where a clan which is an unincorporated association has filed a lawsuit as an act of preserving its collective property
(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). In addition, a clan general meeting has determined the scope of the members of a clan, which is subject to notification for convening a family meeting, and in Korea, barring special circumstances.