소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination C on this Safety Defense is recognized as follows: D’s post descendants identified by A4 AD on March 19, 2019, which was a temporary notice for convening a general meeting; the fact that C was elected on April 6, 2019 by opening an extraordinary general meeting; and the fact that E, who appears to have the respect for the year-end, attended the general meeting and appears to have agreed to the convocation of the general meeting, such as the election of a representative, etc. (no assertion that there is any other person who has a relationship other than E, or that such circumstance is shown).
Therefore, the plaintiff's general assembly is convened through legitimate procedures, and C is a legitimate representative of the plaintiff's clan, and the defendant's defense of this safety cannot be accepted.
[Reasons for Recognition] Unsatisfy, E’s testimony, Gap 4-7, Gap 11, and December 2, 197
A. The plaintiff clan's argument is the clan that is composed of descendants of the plaintiff clan, which is a set of "D".
The real estate of this case is the same as that of "D" and the ownership of plaintiff clans in 1914 (F, who is the name of the situation, is the same as "D").
Therefore, as the owner of the instant real estate, the Plaintiff seeks cancellation of the Defendant’s registration by excluding interference based on ownership.
B. The judgment of the plaintiff clan cannot be viewed as the owner of the real estate of this case.
Therefore, the plaintiff's assertion cannot be accepted.
The grounds are as follows:
① On August 8, 1914, the instant real estate was assessed against F, a real estate titleholder.
The 'F', a real estate title holder, acquires the ownership of the real estate of this case in an original and creative manner.
② There is no fact that the plaintiff's clan completed the registration of ownership transfer from "F".
There is no other reason for the acquisition of ownership.
(3) A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves, protecting the remains of the relevant common ancestor, promoting friendship among his descendants, and is established by his/her descendants at the same time as the death of the relevant common ancestor. Therefore, the graves of the relevant common ancestor and his/her religious rites shall be held during his/her lifetime.