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(영문) 대구지방법원 2016.02.05 2015나301951
소유권이전등기
Text

1. Upon a claim for change in exchange at the trial, the defendant Republic of Korea shall set forth in Appendix 1 Section 3.

Reasons

1. Determination on the legitimacy of the instant lawsuit

A. 1) Determination of the Plaintiff’s party ability is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the relevant vessel and enhancing friendship among their descendants, and even if there is no special organization, it shall be established by death of the relevant Article at the same time. However, if the non-corporate body has the ability to be a party in a civil lawsuit, it must have a specific organization and have an organizational nature to continue its activities at the same time (Article 52 of the Civil Procedure Act) and its representative must be the same within the unique meaning established naturally (Article 52 of the Civil Procedure Act). Such a clan shall have the ability to be a party ability, and it shall be determined at the time of the closing of arguments in the fact-finding court (see Supreme Court Decision 2009Da95387, Mar. 25, 2010). A, Articles 6 through 9, and 20 (including serial numbers; hereinafter the same shall apply).

According to each description, witness Q and R's testimony and the purport of the whole arguments, the plaintiff's articles of incorporation provide that "only the descendants of the plaintiff who are a member of the SP shall be recognized as a member of the clan" while the plaintiff's clan members are members of the clan in the middle group of SP and R's testimony and arguments. The plaintiff's clan members have been collected in August of each year from the beginning of the 1941, and the plaintiff's clan members managed the place of the clan, such as the first time of the entry of the plaintiff's children, the first time of the entry into the place of the clan and the first time of the early operation of the group of the group of the members, and the first time of the group of members in October of the 2013. The plaintiff's clan was collected only the children of the defendant C, the plaintiff's clan was prepared and kept the register of financial expenditure since 194. Since 194, Q has been engaged in the plaintiff's general affairs at the general meeting of the defendant C.

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