소유권이전등기
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The Plaintiff’s assertion is a clan, among the species of the PJ race, comprised of descendants of not more than S for the purpose of protecting the graveyard of Q, R, and S (hereinafter referred to as the “S”) and the strawing, etc., under title trust with the network X, the network AA, and the network AE of each of the instant real estate.
Since the Defendants succeeded to the network X, network AA, and network AE as indicated in the separate sheet of inheritance shares in attached Form 2, the Plaintiff, as a service of a copy of the complaint in this case, declared the Defendants to terminate the title trust with respect to each real estate in this case.
Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the termination of title trust with respect to the pertinent shares listed in the attached Form 2, among each of the instant real estate.
2. Determination on the defense prior to the merits
A. 1) The Defendants’ assertion 1) The Plaintiff cannot be deemed as having a clan entity, and there is no capacity to be a party. 2) The instant lawsuit is a lawsuit concerning collective property, and thus a legitimate representative must be filed following a resolution of the general meeting of clans.
However, there was no resolution of the clan general meeting on the election of the representative and the filing of the lawsuit in this case, and even if there was a resolution of the clan general meeting, the lawsuit in this case is unlawful as it did not go through legitimate convening procedures.
3) After the decision of the court of first instance was rendered, the Plaintiff held a clan general meeting to elect a representative and ratification the institution of the instant lawsuit, but the lawsuit of this case is still unlawful since it has no legitimate procedure of convening a meeting. Na. 1) The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance [2.b. (1)]. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2) Prior to the filing of the instant lawsuit, whether there was a legitimate resolution of the general meeting of clans regarding the election of the representative and the filing of the instant lawsuit were submitted by the Plaintiff.