소유권말소등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff clan's assertion of the plaintiff clan is the owner of the real estate listed in the attached list (hereinafter "the real estate of this case"), and because Eul, the representative of the defendant Eul clan (hereinafter "the defendant Eul") and the clan C (hereinafter "the defendant C") did not go through a legitimate resolution of the general meeting of the plaintiff clan on August 27, 2003, changed the indication of the representative of the plaintiff clan to Eul, and on November 5, 2004, changed the indication of the registered titleholder on December 14, 2009 to the defendant Eul, donated the real estate of this case on December 14, 2009 to the defendant Eul and completed the registration of transfer of ownership on December 16, 209, both the registration of change of the above registered titleholder and the registration of change of ownership transfer of the defendant Eul's title, against the defendant Eul, the right holder of the ownership transfer registration of the above defendant's real estate of this case against the defendant Eul, and the consent of each of the above registration of the defendant D.
2. Defendant B, C, and C asserted that the lawsuit of this case by Plaintiff’s clan is unlawful, since the general meeting of the clan on February 16, 2014 (hereinafter “instant general meeting”) held on February 16, 2014 to elect the representative of the Plaintiff’s clan and raise the lawsuit of this case was convened by a person who is not a member of the club. The resolution on the appointment of the representative and the resolution on the lawsuit of this case made by the above general meeting is invalid.
The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of a general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act shall be passed, barring special circumstances. Thus, in cases where a clan which is not a juristic person conducts a lawsuit as preservation of property jointly owned by a clan which is an unincorporated association, it shall
(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). Meanwhile, the appointment of a clan representative is required.