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(영문) 서울고등법원 2017.01.26 2016나2045906

소유권이전등기

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Forest Survey Division, prepared during the Japanese occupation occupation period, is registered as the owner of the instant land by Defendant E, who is the father of the instant land.

B. On June 20, 1970, F, who is the father of the defendant, completed registration of preservation of ownership in the name of the land in this case and died of F, the defendant, on June 20, 1994, the same year as to the land in this case.

1.26.Completion the registration of transfer of ownership in its name due to inheritance by division of agreement;

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 2 and 3, the purport of the whole pleadings

2. The defendant's main defense and judgment

A. In regard to the Defendant’s claim for the implementation of the procedure for the registration of ownership transfer based on the cancellation of title trust by asserting that the Plaintiff succeeded to the Defendant’s title trust of the land of this case to the Defendant’s fleet, the Defendant did not continuously have engaged in activities to recognize the substance of the Defendant as a clan, such as the protection of the graves of the common ancestor and the conduct of religious services. Furthermore, since the Defendant’s previous clans and the Plaintiff continued to be members of only some members of the clans by limiting the qualification of the members, it does not fall under the unique meaning of clans, and the Plaintiff does not fall under the organization similar to the clans, since there is no fact that the Plaintiff legally succeeded to the previous clans which are mere similar organizations to the clans, and therefore, the Plaintiff does not fall under the organization similar to the clans, and therefore, the Plaintiff’s lawsuit of this case should be dismissed due to lack of the party ability.

B. The original clan, which corresponds to the plaintiff's unique meaning, is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the common ancestor, promoting friendship among their descendants, and is established by his descendants at the same time as the death of the ancestor, and is so representative elected in accordance with the rules and customs of the clan.