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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, it refers to the corresponding part of Article 420 of the Civil Procedure Act.
The plaintiff asserted that he himself is a clan of unique meaning composed of descendants, who are members of CJ D's tea Eul, and that each land of this case was originally owned by the plaintiff and was under title trust to the members of each branch of the plaintiff at the time of the land investigation, which was the Japanese colonial rule. The defendant completed at his own discretion the registration of preservation of ownership and the registration of change of the ownership and the registration of change of the registered titleholder's name and the registration of change of the registration of change of the registered titleholder's name as to each land listed in the separate list Nos. 1, 2, 7, and 9 as to each land listed in the separate list Nos. 1, 2, 7, and 9, and the separate list Nos. 3 to 6. Thus, the defendant
The defendant's assertion on this safety defense is not a legitimate representative of the plaintiff, and the lawsuit of this case is unlawful, even if the plaintiff's own meaning of clans or non-corporate associations are not equipped with the substance of the clans or non-corporate associations.
Judgment
A clan of a unique meaning is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the remains of the deceased and promoting friendship among descendants, and even if there is no special organization, it shall be established by losses at the same time as the death of the relevant vessel.
However, if the non-corporate association has the ability to be a party in civil procedure, it must have organization to a certain extent and be engaged in continuous activities, and it is required to be its representative, so it is also the unique meaning that is naturally formed.