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(영문) 광주지방법원 2016.09.02 2015나13436

소유권말소등기 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

가. C을 시조로 하는 D씨는 여러 종파가 형성되어 활동해왔는데, C의 31세 후손인 I은 후손이 없이 사망하여 그의 동생 J의 증손자인 34세 K을 I의 주사손(主祀孫)으로 삼았고, 원고 종중은 K을 공동선조로 하여 그의 후손들로 구성된 종중이다.

B. After the registration of ownership transfer was made on May 16, 1915 in the name of L on May 16, 1915, the registration of ownership transfer was completed on June 20, 1919 on M and N. On June 4, 1929, the registration of ownership transfer was completed in the name of Q, R, S, T, U,V, M, X, Y, Z, and AA on the same day after the registration of ownership transfer in the name of O and P on June 4, 1929. The registration of ownership transfer was completed in the name of "AB type" on May 20, 1937, and the registration of ownership transfer was completed on October 18, 199 under the name of Defendant B on December 9, 199.

C. The land listed in paragraph (2) of the attached Table No. 2 (hereinafter “each land of this case” added to the land listed in paragraph (1) of the attached Table No. 1) was examined on April 27, 1918 in Q and completed registration of ownership in the name of BN, BO, BP, and Q on May 21, 1971. The registration of ownership transfer was completed on December 24, 2001 through BR et al. and 7, BR et al. and 17, and on April 13, 2010, the registration of the creation of superficies was completed on April 13, 201 with a superficies with a person with superficies for Jungsan Farming and Fisheries Co., Ltd. as a person with superficies.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 16-1, 2-2, Gap evidence 21-18, 19, and Gap evidence 31-1, the purport of the whole pleadings

2. Determination on this safety defense

A. The lawsuit of this case filed by the Defendants by a person without the power of representation, and filed without the resolution of the general meeting of the Plaintiff clan, is unlawful.

B. According to the overall purport of Gap's evidence 2, 6, Gap's evidence 24-1, 3, 35-1, 8-1, and Eul's evidence 1-1, and the whole arguments, the plaintiff's clan shall adopt a resolution of the general meeting that appointed the representative at the time of the lawsuit, including the confirmation of the existence of the resolution of the general meeting before the lawsuit of this case.