logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.01.11 2016가단642
소유권이전등기 등
Text

1. The Plaintiff:

A. Defendant B, H, D, C, F, G, and E are listed in the column for shares in the Schedule 2, among the real estate listed in the Schedule 1.

Reasons

1. Judgment on the main defense of this case

A. Defendant C, F, G, E, and T’s main port of safety are an association which is not a legal entity and has an entity such as conducting activities by its representative in order to be recognized as an organization. However, it cannot be deemed that the Plaintiff’s clan has the nature of organization and has the ability to be members of the organization.

Since the clan meeting that appointed U as the representative of the plaintiff cannot be deemed to have lawfully convened, the lawsuit of this case filed by U as the representative of the plaintiff is unlawful.

B. Determination 1) Whether a clan has the substance of the Plaintiff’s clan or not is a natural development group of the clans comprised of the members of the clans with not less than adult male and female among the descendants of the common ancestor. It does not require any special organization for its establishment. However, there are cases where the rules are established in order to regulate the protection of graves, the conduct of religious services, and the friendship among the members of the common ancestor. In addition, it is only necessary to appoint a representative, and it does not necessarily require a special name and a written clan rules or a clan representative is appointed to establish an organization (see, e.g., Supreme Court Decisions 95Da16103, Nov. 14, 1995; 94Da56999, Mar. 12, 1996; 96Da25715, Nov. 14, 197; 2000Da16416, Oct. 14, 1997; 16.

each entry, witness Y testimony, and pleading are recognized by the purport of the entire pleading.

arrow