소유권보존등기말소등
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of the lawsuit are G with the name of the plaintiff.
1. The plaintiff's assertion is a clan created naturally by making the Jinabaon which made the 65 members of I to the 65 members of I as the Si.
At the time of Japanese colonial occupation, the Plaintiff trusted the instant real estate to K, and Defendant B, etc. completed the instant preservation registration in a false document on August 2, 201, and completed the instant registration on November 11, 2014 to Defendant F.
Therefore, the preservation registration and the transfer registration in the instant case are invalid registration. The Plaintiff, the owner of the instant real estate, the Defendant B, etc., and the Defendant F, are obligated to implement the procedure for the cancellation registration in the instant case.
2. Determination on the defense prior to the merits
A. According to the rules submitted by the Plaintiff, the Plaintiff’s assertion that only the head of a married household as a member of the Plaintiff shall be defined as a member of the Plaintiff. Thus, it cannot be viewed as a clan with its unique meaning, and there is no ability to be a party, and there is no resolution of the general meeting by legitimate convening notice on the instant lawsuit, and the instant
B. (A) The unique meaning of clans does not require a special organization of a naturally created clan group for the purpose of protecting the graves of the common ancestor, promoting friendship among the religious members, etc.
The descendants who share the same family name and the same family origin are naturally members when they reach majority without distinction of gender (see, e.g., Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005). A clan with a unique meaning deprives its members of the qualification of clan.
No member of a clan shall withdraw from the clan.
Therefore, an organization consisting only of some members of a clan residing in a specific area shall not be a similar organization of a clan nor be a clan of its unique meaning. Whether it constitutes a clan of its own meaning shall be the purpose of a clan, the circumstances leading up to its establishment and organization, the scope and qualification criteria of its members, and the rules of a clan.