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(영문) 대전지방법원 2014.11.06 2012나101129
소유권확인
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Judgment on the main defense of this case

A. The Defendants asserted that the instant lawsuit was unlawful, since it was filed by a person without the power of representation.

Comprehensively taking account of the overall purport of the arguments in each statement of Gap evidence Nos. 8 and 24 through 28 (including branch numbers; hereinafter the same shall apply), the plaintiff sent a notice of convening an extraordinary general meeting to 150 members who can communicate among the 646 members of the Plaintiff's satisfaction compensation class 646 members, and on August 14, 2014, on the one hand, on August 14, 2014, the plaintiff held and announced the extraordinary general meeting to 364 members of the extraordinary general meeting held on August 17, 2014 (including those delegated with voting rights) with the consent of all of the 364 members of the 364 members of the extraordinary general meeting held on August 17, 2014 (including those delegated with voting rights) who appointed Y as the representative of the plaintiff, each of the above resolution adopted on January 14, 2012 and the resolution adopted on January 21, 2012.

Therefore, the above argument of the defendants is without merit.

B. The Defendants asserted to the effect that the Plaintiff has no substance as a clan and has no capacity 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 ancestor and promoting friendship between their descendants, and is established by descendants at the same time as the death of the ancestor. If a clan has been equipped with and continuously engaged in activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group is recognized. The issue of whether a clan has capacity as a non-corporate group is a matter of legal requirements and is determined at the time of closing arguments in the fact-finding court (see, e.g., Supreme Court Decision 93Da2703, Sept. 30, 1994); and it is necessary to determine as at the time of closing arguments in the fact-finding court (see, e.g., Supreme Court Decision 93Da2703, Sept. 30, 199);

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