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(영문) 춘천지방법원강릉지원 2019.02.20 2018가단3539

소유권이전등기

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The plaintiff's assertion is a clan with a unique meaning naturally formed by making descendants as members of the joint ancestor D 31 (E and F).

G and 3, the plaintiff's clan was initially formed a title trust with the deceased H that the farming land was increased for the descendants of the plaintiff clan. The deceased H sold the farmland, and then purchased the land listed in the separate sheet on March 28, 198 (hereinafter "the land in this case"), and registered the ownership transfer under the name of the deceased deceased I, the descendants, and the defendant was succeeded to the status of the title trustee of the land in this case.

Therefore, the Defendant should implement the registration procedure for ownership transfer on the instant land to the Plaintiff based on the termination of title trust on the date of delivery of the instant complaint.

2. Judgment on the defendant's main defense of safety

A. The defendant's assertion is unlawful, since the plaintiff is not a clan with a unique meaning of a legitimate entity, and therefore is not a party's ability.

B. (1) A clan within its unique meaning is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the common ancestor, protecting the descendants of the common ancestor, promoting friendship among their descendants, and is established by their descendants at the same time as the death of the common ancestor, and if the clan has been equipped with and continuously performing its activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, etc., the organization as a non-corporate group is recognized (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). A clan within its unique meaning does not require a special organization act or sexual inquiry rules, but it is not automatically established if the clan is a naturally occurring group only after the descendants of the common ancestor, but is represented by the representative elected in accordance with the rules or customs of the clan.