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(영문) 춘천지방법원강릉지원 2017.11.14 2017나30795

소유권이전등기

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1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 20, 1932, with respect to E Forest E, 14,479 square meters (hereinafter “the instant forest”), the registration of preservation of ownership was completed in the name of the Defendant’s assistance team F, and on the same day, the registration of ownership transfer was completed in the name of the Defendants’ assistance network G on June 5, 1932 under the name of the Defendants’ assistance network G.

B. On December 16, 2014, the Defendants completed the registration of ownership transfer based on the inheritance of property due to the division made before August 27, 1938, with respect to one-third share of each of the instant forest land.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the defendant's defense is that the plaintiff is not a superior organization for the lawsuit of this case and does not have the substance of a clan, nor does it have the substance of a non-corporate group, and thus, it is unlawful to file the lawsuit of this case.

B. Determination 1) The unique meaning of a clan is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among descendants and for the purpose of promoting friendship between descendants, and is established by death of the ancestor at the same time. However, if an unincorporated association has the ability to be a party in a civil lawsuit, it must have a certain organization and be an organization carrying out continuous activities at the same time, and its representative is required (Article 52 of the Civil Procedure Act). Thus, even a clan with a unique meaning naturally formed, its ability shall be recognized as meeting the requirements of a non-incorporated association, and it shall be determined at the time of the closing of argument at a fact-finding court (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). The whole purport of the arguments and arguments shall be considered as a whole.