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(영문) 광주지방법원순천지원 2020.09.24 2019가단72561
소유권말소등기
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

The plaintiffs' assertion U, V, and W were examined on October 28, 1915 in their names or purchased from the State on March 5, 1931 regarding each of the instant real estate. The defendant clan completed the registration of ownership transfer or the registration of ownership transfer on June 2, 1995 in accordance with the Act on Special Measures for the Registration of Real Estate.

However, the registration of preservation of ownership or transfer of ownership in the name of the defendant clan is null and void because the defendant clan has no capacity to do so, and the registration of ownership transfer in the name of the remaining defendants is null and void.

2. Determination

A. In addition to a unique clan, if a clan group within a certain range among the descendants of a common ancestor is established as a social organization and is carrying out its own activities in possession and management of its own property, the entity as such organization cannot be denied, but it is different from a clan within its unique meaning.

(2) A non-corporate group similar to a clan cannot be deemed to be established as an organization only when it opens a general meeting and establishes a system of the common sense, and only when it is equipped with a system of the organization. In substance, in a case where a non-corporate group formed a common property and continuously engages in social activities centered on a person who takes the lead in the formation of the common property in order to achieve the common purpose, it should be deemed that there exists a substantive entity as an organization from that time.

(Supreme Court Decision 94Da56401 delivered on March 12, 1996). B.

With respect to this case, the evidence submitted by the plaintiffs alone is insufficient to recognize that the defendant clan was not in existence at the time when the registration of preservation of ownership or the registration of transfer of ownership of the defendant clan was completed on June 2, 1995, and there is no other evidence to recognize this otherwise. Rather, in full view of the respective entries and arguments of the evidence Nos. 9 and 10, the descendants of X No. 9 (Y) on July 5, 1994, who were the same as the passenger-owned Zok Village, AA Village, resident, or permanent domicile among the descendants of X No. 9 (Y).

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