(영문) 대구지방법원 2015.12.10 2015나303391

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(영문) 대구지방법원 2015.12.10 2015나303391

소유권이전등기

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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff clan is a clan with a unique meaning that consists of descendants, who jointly set up D 23 years old F, and has been in title trust and managed the Plaintiff’s forest land C, 86,678 square meters owned by the Plaintiff (hereinafter “the instant forest land”) to the clan G around 1934.

B. However, G’s son completed the registration of ownership transfer based on donation in accordance with the Act on Special Measures around 1984, which was known to the Plaintiff, and H died on January 30, 1988, and the Defendant, who was said son, completed the registration of ownership transfer based on inheritance due to consultation and division on December 4, 1990. Accordingly, G’s son’s status was succeeded to the Defendant.

C. Since the title trust on the forest of this case was lawfully terminated when a duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the title trust was delivered to the Defendant, the Defendant is obligated to implement the registration procedure for ownership transfer based on the cancellation of the title trust as to the forest of this case.

2. Whether the lawsuit of this case is lawful

A. First, we examine whether M is the representative of the plaintiff legally appointed by the representative of the plaintiff clan.

B. In the appointment of a clan representative, if there are regulations or general practices, the head of the clan or the head of the door shall convene an adult meeting without distinction of the gender among the members of the clan and elect by a majority of the members present, and if not, the head of the clan shall be elected by the resolution. In addition, if the head of the clan does not appoint the head of the clan or the head of the door to the clan, and if there is no rules or general practice regarding the appointment of the head of the clan, he shall notify the members of the existing clan who have been the head of the clan or the head of the door and resided in the clan and shall convene the general meeting of the clan and shall appoint the representative of the clan at the meeting (see, e.g., Supreme Court Decision 96Da25715, Nov. 14, 1997).

참조판례

-대법원 1997. 11. 14. 선고 96다25715 판결

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