소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On or around March 25, 1980, the basic facts C and D completed the registration of ownership transfer with respect to each parcel of land listed in the separate sheet (hereinafter “instant land”) on the ground of sale and purchase as of March 24, 1980. Since then D’s above shares were transferred to the Defendant, who is a father of D on September 3, 2008, and the registration of ownership transfer was completed under the Defendant’s name on the ground of donation as of September 3, 2008, it may be recognized by comprehensively taking into account each of the entries in the separate sheet No. 1 (including the serial number; hereinafter the same shall apply) and all of the arguments.
2. Determination on this safety defense
A. The defendant's defense of this safety is merely an organization similar to a clan and thus has no ability to do so.
Even if the Plaintiff is recognized as a clan, each of the above resolutions is null and void since there is a serious procedural defect in the resolution of the inaugural general meeting and the instant lawsuit on November 23, 2013.
Therefore, the instant lawsuit should be dismissed as it is unlawful.
B. Considering the relevant legal principles, a clan with a unique meaning is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants, and is established by his descendants at the same time as the death of the ancestor and his descendants, without requiring any special organization for its establishment. Even if it is not a clan with a unique meaning, if it can be recognized as an independent organization, the organization as a non-corporate group can be recognized, and whether it is recognized as a party ability by meeting the requirements of the non-corporate group shall be determined at the time of the closing of arguments in the fact-finding court.
In addition, matters concerning whether a clan or a similar organization of a clan has the ability to be a party is a matter of the court's ex officio examination, and it is a premise for determining its party ability.