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(영문) 춘천지방법원 2012.02.01 2011가합306

소유권이전등기

Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit shall be borne by J.

Reasons

1. The plaintiff asserted that the real estate listed in the separate sheet (hereinafter "each real estate of this case") in the judgment on the defendants' defense to be owned by the plaintiff and sought implementation of the procedure for ownership transfer registration based on the restoration of real name against the defendants, the title holder of each real estate of this case, who is the present owner of the real estate of this case. The defendants did not follow the lawful convening procedure, and therefore, the plaintiff's resolution on the filing of the lawsuit of this case and the election of the representative of the plaintiff's clan does not have any effect

2. Determination:

A. When a clan appoints its representative, it shall be in accordance with the rules or practices of the clan, and unless there are special circumstances, it shall be done according to general customs. The head of the clan or the head of the door shall call up for the male who has attained majority among the clans and elect him by the majority of the present members. If the head of the clan or the head of the door does not have the appointment of the head of the clan or the head of the door, and if there is no rules or practice regarding the appointment of the head of the clan, the head of the clan who is the highest, the number of the members of the surviving clans is the head of the clan (see Supreme Court Decision 80Da3106, Jul. 26, 1983). In order to open the clan general meeting, it shall be done individually to the members of the clan who are able to communicate, and if it is impossible for the head of the clan or the head of the door to make efforts to have been made at the time of publication of the clans and if it is not possible, the resolution of the general meeting shall be held.

B. (See Supreme Court Decision 2000Da17582 delivered on July 6, 2000, etc.).

The plaintiff on June 26, 201 and June 2011.