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(영문) 광주지방법원 2019.10.17 2018가단17797
토지소유권이전등기말소등기절차이행
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s clan owned each real estate listed in the separate list No. 1 as a clan for which the Plaintiff’s clan jointly created D 15 years of age E. The real estate was owned by the Plaintiff. However, the Plaintiff’s clan F, etc. forged the rules, resolution, etc. without going through a clan meeting, and entered into a sales contract on March 15, 2017 with the Defendant and completed the ownership transfer registration (hereinafter “instant transfer registration”) on April 5, 2017 with the Jeju District Court’s Jeju Branch Office No. 11022.

Therefore, since the transfer registration of this case is invalid, the defendant is obligated to execute the procedure for cancellation registration of the transfer registration of this case to the plaintiff.

B. The plaintiff's lawsuit of this case is unlawful as it is not a party's ability to file the lawsuit of this case with a clan that is composed of D 15 years of age, not D 15 years of age, and D 11 years of age,

In addition, since C does not legally select the representative at the Plaintiff’s meeting, which is a joint group, the lawsuit of this case is unlawful.

2. Determination on this safety defense

A. A. The relevant legal clan is a naturally created family organization formed by the descendants of the common ancestor for the purpose of protecting the graves of the common ancestor, protecting their descendants, promoting friendship among their descendants and promoting their descendants (see, e.g., Supreme Court Decision 91Da42081, Jul. 24, 1992). The descendants who share the same family name with the common ancestor and the same family name naturally become a member of the clan when they have attained majority without distinction of gender (see, e.g., Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005). The unique meaning of a clan is deprived of the qualification of a clan member.

No member of a clan shall withdraw from the clan.

Therefore, an organization consisting only of some members of a clan residing in a specific area is merely a similar organization and cannot be a clan of its unique meaning.

(See Supreme Court Decision 2011Da61349 Decided November 24, 2011). Accordingly, what clans are shall be named.

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