소유권보존등기말소 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by B.
Purport of claim and appeal
judgment of the first instance.
1. The reasoning of the court's explanation concerning this case is as follows, except for the following modifications, the part concerning "(b) judgment" as to "(2) representative authority and existence of special authorization" among the grounds of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. (2) Determination as to whether or not the authority of representation and the authority of special authorization exists in each of the instant forests and fields refers to the community of residents using the same name as the administrative district, not to simply refer to the administrative district, but to the association consisting of non-corporate residents within the administrative district, which is an association consisting of residents within the administrative district.
However, comprehensively taking account of the respective descriptions of Gap evidence Nos. 18-21, 29, and 30 (including paper numbers) and the overall purport of the pleadings, it is reasonable to view that Eul had only the natural village located in the Z, which is the current administrative district, and there was no other village. Thus, each forest of this case belongs to the collective ownership of the community composed of all residents living in the natural village, which was located in the Z at the time of the above circumstances. In light of the timing and background for the formation of AA and AB, the regional foundation, the composition of the residents, and the form of living, etc., the AA and the residents of AB form a community for the sake of common convenience and welfare, together with the residents of the Z.
It is difficult to see that it constitutes a single natural village.
Therefore, a person who moves into the above Z from another area naturally becomes a member of the "C" at the same time as the occupancy. In full view of the description in subparagraph 2-1 of the certificate of No. 2, the fact-finding inquiry results and the whole purport of the pleadings of the AC head of the trial court at the time of December 31, 2003, 222 households and 567 persons were already at the time of December 31, 2003, 246 households and 489 persons as of May 2014, and 266 residents who are currently moving into the Z.