소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff completed the registration of transfer of ownership without any legal ground as to each real estate indicated in the indication of the attached real estate owned by the plaintiff. Thus, the defendant asserts that the defendant has a duty to cancel the registration of transfer of ownership and sought the cancellation registration procedure stated in the purport of the claim. Accordingly, in order for the plaintiff to file the lawsuit in this case, the defendant did not go through legitimate procedures such as the resolution of the general assembly but did not go through such procedures, and therefore, the lawsuit in this case
Since the property owned by a clan belongs to the collective ownership of members of a clan, it shall comply with the rules of the clan first as to its management and disposition, and it shall be decided by the resolution of the general meeting of the clan unless there is a rules of the clan on such point (see Supreme Court Decision 2000Da22881, Oct. 27, 200). If a lawsuit concerning the property of a clan was filed and the resolution of a legitimate general meeting of the clan was not passed without the resolution of the general meeting of the clan
Therefore, it is insufficient to recognize the fact that the plaintiff went through a legitimate resolution of the general meeting of clans as to whether the plaintiff was a legitimate member of the general meeting of clans, the evidence submitted by the plaintiff alone, whether the plaintiff was a member of the plaintiff's clans, and whether the plaintiff was a member of the general meeting of clans, etc., and there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's lawsuit of this case is unlawful and thus dismissed.