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(영문) 대구지방법원 2017.11.03 2017나303319

소유권확인

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1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on August 13, 1980 with respect to the land of 1638m2 (hereinafter “land before subdivision”) in the name of the Defendant on February 9, 197.

B. On April 23, 2012, the land before subdivision was divided into G 309 square meters (hereinafter “G land”) and real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's assertion 1) The defendant asserts that the plaintiff is an organization in the shape of a clan for the purpose of instituting the lawsuit in this case and there is no substance as a clan. 2) The defendant asserts that the defendant is a natural family organization formed by descendants of the common ancestor for the purpose of the protection of the graves of the relevant clan and the friendship between his descendants, which is established by the death of the relevant ancestor and the subsequent descendants. If the defendant has an organization and has continued activities to be represented by the representative elected in accordance with the rules and customs of the clan, the organization as a non-corporate group is recognized. On the other hand, the issue of whether the clan has capacity as a non-corporate group is determined by the time of closing arguments in the fact-finding court (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010).