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(영문) 제주지방법원 2014.07.24 2013가합2050

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by G.

Reasons

1. Basic facts

A. The plaintiff is a clan created with H as a joint ancestor for the purpose of the protection of graves, the religious services, and the friendship among clan members, and the defendants are the members of the plaintiff's clan.

B. On April 27, 1976, the instant land purchased I and J around 1935 and completed the registration of ownership transfer in its name, and the registration of ownership transfer was completed with the joint name (1/2 shares) of Defendant B and Dong K (hereinafter “the network”).

C. The deceased K actually died, there are Defendants C, D, E, and L, and the present land in this case is currently in the name of the Defendants on the registry.

The land of this case has 21 seedlings for the plaintiff clan members.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 15 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion G is a legitimate representative of the Plaintiff, who was appointed as the third president through M of the Plaintiff’s first president and N of the second president, and the Plaintiff held an extraordinary general meeting on June 9, 2013 (hereinafter “instant clan general meeting”) and passed a resolution on the instant lawsuit.

The land of this case purchased by the Plaintiff and transferred the title trust to Defendant B and the deceased, and declared that the title trust was terminated as a duplicate of the complaint of this case. The Defendants are liable to implement the procedure for the registration of ownership transfer with respect to the land of this case to the Plaintiff.

3. Determination on this safety defense

A. The defendant's assertion G is not a legitimate representative of the plaintiff, and the lawsuit of this case requires a resolution of a clan general meeting as a lawsuit concerning the property jointly owned by the plaintiff. Since the plaintiff filed the lawsuit of this case without a resolution of a clan general meeting, the lawsuit of this case is unlawful as it lacks the requirements

B. 1) Determination 1) The representative of a clan shall be appointed according to the rules or practices of the clan, if any, and if not, the head of the clan.