(영문) 대구지방법원포항지원 2015.10.20 2014가단306126

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(영문) 대구지방법원포항지원 2015.10.20 2014가단306126

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the plaintiff's argument is that the plaintiff is a clan with Imm 34 descendants as a joint ancestor, and the non-party netJ is the plaintiff's member.

On December 25, 1953, the Plaintiff (hereinafter “instant land”) title trust with the deceased J on December 25, 1953, the Defendants, the inheritor, following the death of the deceased on August 20, 1976, succeeded to the instant land as indicated in the final inheritance shares in the attached Table 1, and the Plaintiff’s text terminates the said title trust agreement as a duplicate delivery of the instant complaint.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer of the instant land among the Plaintiff’s literature.

2. Determination as to the defendants' main defense

A. The representative of a clan of the relevant legal principles shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect persons of age or older among the members of the clan, and if not, the head of the clan shall not appoint the head of the clan or the head of the door, and shall notify the members of the existing family and the members of the clan who are clearly residing in Korea and shall convene the general meeting of the members and shall appoint the representative of the clan at that meeting, unless there is no rules or practices regarding the appointment of the head of the clan or the head of the door, and if the members of the clan need to select their representative regarding the management or disposition of the clan's property, so it is common customs that the convening authority may call the general meeting.

Since there is no reason to exclude women in determining the persons who have the right to convene a clan general meeting held to appoint a representative, there is no reason to exclude women in determining the persons who have the right to convene a clan general meeting, those who are the highest and the lowest among the whole members of the clan including women shall be the persons who have the right to attend a

However, this co-appellant shall be based on data, such as a arctical table.

유사 판례

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