[소유권이전등기말소][공1990.4.1.(869),621]
The case holding that it is identical because only the name of the clan which has the substance of the clan has been temporarily changed.
In a case where the plaintiff's clans (Boc ○○ clans Association) opened from the ordinary general meeting to the clans and re-elects the representative of the clans, but the name of the plaintiff's clans is opened to the name of the clans, and even when it is opened to the clans, the clans' meeting does not constitute only the descendants of the clans but also the clans' meeting is organized to the 00 clans, when it is unified into the clans by the clans Regulations, and the clans' religious property was used as it was as it was, and was composed of the previous 00 clans in the previous 00 clans, it shall be deemed that only the name of the plaintiff's clans is changed temporarily, and its identity exists.
Article 31 of the Civil Act
B. ○○ M&P Co., Ltd. (Attorney Kim Jin-jin, Counsel for the plaintiff-appellant)
Defendant 1 and one other, Defendant 1 et al., Counsel for the defendant-appellant-appellee
Seoul High Court Decision 86Na4874 delivered on March 4, 1988
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
With respect to the first, second, and fourth points
According to the reasoning of the judgment below, the court below is just and correct in light of the records, and there is no violation of the rules of evidence, or of incomplete deliberation or omission of judgment, etc., as pointed out in the judgment below, since the court below selected non-party 1 as his representative in disposing of the real estate owned by the plaintiff clans and the board of directors after the resolution of the general meeting of clans and the board of directors in accordance with the rules of the plaintiff clans. The real estate of this case was purchased through the non-party 2 or directly and completed
On the third ground for appeal
According to the evidence of the judgment below, according to the plaintiff's assertion that the plaintiff's clan among the clans occupies a majority of its members at the ordinary general meeting of 1979, the name among the plaintiff's clans is changed to that of the clan clans with a lot of rice compared to ○○○○, the common ancestor, and the representative of the clan was elected on October 5, 1982, and the name is changed to that of the plaintiff's clans again on October 5, 1982, and the clans do not constitute a clan clans' clans meeting, even if the name is changed to that of the plaintiff's clans. In particular, according to the clans Rules (No. 6-3), it is difficult to use the name and regulations of ○○ clans or the public ancestor clans as it is, and it is not reasonable to conclude that the judgment of the court below is compatible with the above plaintiff's name and the non-party's representative of the clans, regardless of the facts cited by the previous ○○, etc.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ansan-man (Presiding Justice)