[소유권이전등기말소청구사건][고집1973민(2), 79]
Management methods for clan properties of clan members;
Since part of the clan properties are collectively owned by the clan members, it is an act of preservation that can be seen as one of the management methods of the clan properties, and in filing for the registration of cancellation of ownership transfer, it is not a claim for cancellation of ownership transfer registration, but a claim for cancellation of ownership transfer registration is naturally allowed by the clan by resolution of the clan or resolution of the general meeting of the clan members.
Articles 275 and 276 of the Civil Act
64Da2465 delivered on March 15, 1966 (Supreme Court Decision 1389 delivered on March 15, 196, Article 276(1)349 delivered on May 27, 1975 (Supreme Court Decision 10904 delivered on May 27, 1975, Supreme Court Decision 276(2)349 delivered on June 23, 196, Article 276(2)349 of the Civil Act, Court Gazette 516-8475 page)
Plaintiff 1 and six others
Defendant
Seoul Central District Court (73Gahap50) in the first instance trial
The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' legal representative shall revoke the original judgment.
On December 29, 1969, the defendant implemented the procedure for cancelling the registration of cancellation of ownership transfer on the grounds of sale on the same day, which was completed on December 29, 1969 for the real estate recorded in the attached list to the non-party Ansan clan.
All the costs of lawsuit are assessed against the defendant in the first and second trials.
The plaintiffs asserted in this case, since the real estate recorded in the attached list is the real estate owned by the defendant, which is the real estate owned by the defendant, the ownership transfer registration of which was made in the name of the non-party clans of the clans of the clans of the clans of the plaintiffs, due to the trade on December 29, 1969, and such trade is null and void, the plaintiffs who are part of the clans claim for cancellation of the ownership transfer registration as a preservation act of the defendant's name. Thus, since part of the clans are owned by the clans, since some members of the clans jointly owned by the clans, they are the preservation act that can be seen as one of the management of the clans, and in filing for cancellation registration of ownership transfer registration, they are not allowed to request cancellation registration of ownership transfer registration as a matter of course, but have the right to request cancellation registration of the ownership transfer registration by the clans of the clans of the clans of the clans of the clans of the clans of the clans of this case.
If so, the plaintiffs' claim for this case shall be dismissed without any reason, and the judgment of the original court sharing this conclusion is just, and the plaintiffs' appeal shall be dismissed unfairly, and the costs of the lawsuit shall be assessed against the losing party.
Judges Kim Young-ho (Presiding Judge)