beta
Text
1. The Defendants shall support the Plaintiff with respect to each of 1/2 shares of 1338 square meters of forests and fields D in leisure time.
Reasons
1. Basic facts
A. The Plaintiff is a clan that is made up of E, FC G 60 years of age, while H 66 years of age is a common vessel, and is comprised of descendants who make a common vessel.
B. At the same time, D forest land No. 1338 square meters (hereinafter “instant real estate”) was owned by the Plaintiff. On May 25, 2016, the registration of ownership transfer was completed in the Defendants’ future on April 27, 2016 as one-half shares, respectively, on the grounds of sale on April 27, 2016.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination on this safety defense
A. The defendants asserted that the lawsuit of this case is the representative of the non-party I, who has no legitimate power of representation, and asserted that the lawsuit of this case is unlawful because it was filed without a resolution of the legitimate general meeting of clans.
B. Determination 1) The act of litigation conducted by the representative of an unincorporated association that is not a legitimate representative of the relevant legal doctrine shall have retroactive effect at the time of the act when the representative duly acquired the qualification as the representative after ratification of the procedural act (see, e.g., Supreme Court Decision 2011Da70169, Apr. 13, 2012). The representative of a clan shall be appointed according to the regulations or practices of the clan, and if not, he/she shall convene an adult among its members and be elected by the majority of the members present at the clan, and unless there are regulations or practices regarding the appointment of a clan, and unless there are special circumstances such as the rules or customs regarding the appointment of a clan, it shall be general customs to appoint a clan member after informing him/her of the fact that he/she has resided in the clan because he/she was the head of the clan or the head of the door and to convene a general meeting and appoint a representative of the clan at the meeting, and the general customs to determine that the representative of the clan was made by mistake within the scope of the clan.