소유권말소등기
1. The instant lawsuit shall be dismissed.
2. Of the litigation costs, the costs incurred between the Plaintiff and the Defendant are the Defendant.
1. The Plaintiff and the Plaintiff’s Intervenor’s assertion Party B are the sole heir of G, who was assessed on July 30, 1919, and is the true owner of the instant forest. As such, the registration of preservation of ownership of the instant forest that the Defendant completed with respect to the instant forest on August 13, 1971 constitutes the registration of invalidation of the cause.
Therefore, the Plaintiff, as an administrator of inherited property of the deceased A, seek cancellation of the registration of ownership preservation of this case against the Defendant as part of the claim for exclusion of interference based on ownership.
2. Determination as to the legitimacy of the instant lawsuit
(a) A clan within the unique meaning of the relevant legal doctrine is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor, defending the descendants of the ancestor, promoting friendship among descendants, and is established by losses at the same time as the death of the ancestor, even if there is no special organization.
However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation and shall be determined at the time of closing argument in fact-finding proceedings.
(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010; Supreme Court Decision 201Da64607, Jan. 10, 2013). Meanwhile, in cases where organizing and operating an organization even without a clan of the original meaning and it is possible to recognize the substance of the organization as an unincorporated association, the organization can be recognized as an unincorporated association.
(See Supreme Court Decision 92Da2899 delivered on April 24, 1992, etc.). B.
In light of the above legal principles as to whether the defendant's ability to be a party is recognized, part of the health unit, Gap or No. 4-2, and the Gwangju city of this Court.