소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant clan is a clan that is composed of D and the plaintiff and the defendant C are the clan members of the defendant clan.
B. The registration of ownership transfer was completed on November 24, 1970 with respect to 1/5 shares of each of the real estate listed in the separate sheet in the separate sheet in the attached sheet 1 through 3, and on January 4, 2008, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter the “former Act on Special Measures”), the registration of ownership transfer was completed on May 15, 1984 under the name of the defendant clan with respect to the whole shares of each of the above real estate under the name of the defendant clan.
C. The registration of ownership transfer was completed on December 31, 1970 with respect to 1/7 shares of each of the real estate listed in the separate sheet Nos. 4 and 5, and the registration of ownership transfer was completed on May 15, 2008 under the former Act on Special Measures for the Management of Real Estate in F’s name on May 15, 198. After the registration of ownership transfer was completed on August 20, 2009 under the Defendant C’s name on August 13, 2009.
E died around May 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 9, 10, Eul evidence No. 2 (including each of them), the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The summary of the defendants' assertion is not C but C, but C, and the lawsuit of this case filed with C as the representative of the defendant clan is unlawful as there is no qualification for the defendant.
B. In the case of a lawsuit for performance, the plaintiff's standing to sue on his/her own claim, and such judgment can not only be added to the judgment on the legitimacy of the claim (see, e.g., Supreme Court Decision 92Da11848, Jun. 12, 1992) but also be added to the judgment on the validity of the claim (see, e.g., Supreme Court Decision 92Da11848, Jun. 12, 1992).