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(영문) 광주지방법원순천지원 2020.05.28 2019가단4933
소유권이전등기 말소등기 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the J which represents the Plaintiff’s representative.

Reasons

The defendants asserted that the plaintiff's door does not have the substance of a clan and therefore does not have the ability to do so.

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship between his/her descendants and descendants, and is established by his/her descendants at the same time as the death of the common ancestor.

If a clan has been organized to the extent represented by a representative elected in accordance with the rules or customs of the clan and is engaged in continuous activities, organization is recognized as a non-corporate group (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). In full view of the overall purport of the statements and arguments No. 13, No. 17-1, No. 17-2, it cannot be deemed that the co-ordination cannot be deemed to specify who is the descendants of the Plaintiff’s door only because they are the descendants of the Plaintiff’s door, and it cannot be said that the date of enforcement of the articles of association submitted by the Plaintiff was one of the members of the Plaintiff’s door submitted in any way prior to the enforcement date of the above articles of association, and that the Plaintiff’s door only has the ability to submit a list of the members of the Plaintiff’s 19 years old directors, including the evidence of the Plaintiff’s title trust among all the doors presented by the Plaintiff’s members of the Plaintiff’s door, among the Plaintiff’s door of this case.

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