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(영문) 대전지방법원서산지원 2013.11.27 2013가단692
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1. The Defendants terminate the title trust as of January 18, 2013 with respect to each of 1/3 shares in the area of 6,234 square meters, which is 6,234 square meters before D in Jin-si.

Reasons

1. Determination on the defense prior to the merits

A. (1) Determination as to the Defendants’ assertion of lack of party capacity (1) The Plaintiff’s assertion is an organization similar to a clan, which is merely a non-party organization, and thus, is unlawful.

(2) (A) The unique meaning of 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, protecting the descendants of the ancestor, promoting friendship between their descendants and the descendants, and it is established by the death of the ancestor at the same time, and the descendants of the clan. However, if the non-corporate group has the ability to be a party in a civil lawsuit, it must have a specific organization and have a continuous activity at the same time, and its representative is required (Article 52 of the Civil Procedure Act). Thus, even a clan with a unique meaning naturally formed, its ability to be a party by meeting the requirements of the non-corporate group is recognized. This is related to the litigation requirements and is determined at the time of the closing of argument in the fact-finding court, and whether the clan naturally formed has an organic organization to the extent that it is possible to acquire rights to real estate, etc. and have title trust to others at a specific point of time.

(B) On January 10, 2013, the health stand, and the Plaintiff consistently asserted that “H”, the 19-year-old grandchildren of G, E, is a clan with a unique meaning comprised of descendants, and that the following is a common ancestor. In light of the written statements in the evidence Nos. 1, 2, 4, 5, 6, 7, 8, and 15, and the witness I’s testimony, the entire purport of the pleading is shown in the witness I’s testimony, the Plaintiff’s subsequent descendants of “H” in part of G 19-year-old descendants and other graves of the instant land.

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