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(영문) 대구지방법원의성지원 2015.09.23 2014가단2695
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the following facts: “A” evidence Nos. 3, 4, and 5 (including each number), and the purport of the entire pleadings was revealed on June 4, 1913 by the deceased C, and the Defendant, the grandchildren of the deceased C, completed the registration of the preservation of ownership in the name of the Defendant on December 23, 198, as the receipt of the document No. 18750, Dec. 23, 198.

2. Determination on this safety defense

A. The plaintiff's assertion 1) The plaintiff is a clan of D. 13 years old, D. The plaintiff is a clan created by D. D. 13 years old, and its descendants claim that it is naturally formed for the purpose of promoting mutual friendship in November of each year, while the defendant did not regularly hold a clan meeting or settle accounts every year, and there is no representative and voting procedure, and there is no substance. The plaintiff's representative and voting procedure do not exist. The F., who is called the plaintiff's representative, notified some persons of the notice to bring the lawsuit in this case, and made the plaintiff in the presence of several side members. 2) The proper meaning of the relevant legal principle is a clan of the common ancestor's own meaning, which is a natural development organization formed by descendants of the common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the descendants of the relevant vessel and promoting mutual friendship between their descendants and descendants, and it is established at the same time as a result of the death and losses of the relevant vessel.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Therefore, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation, and it shall be at the time of the conclusion of arguments in fact-finding proceedings.

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