Cases in which the capacity of a party in the community is recognized;

For the purpose of the joint business of the members of the plaintiff Song-gu is to establish a person who is supported by the purpose of the joint business as a natural village among the members of the members, and acquire and manage real estate, and accordingly, elect similar 2,3 pages every year as a non-corporate group in accordance with the rules on its operation. If the representative was appointed through legitimate procedures prior to the filing of the lawsuit, he shall be capable of being a party.

Article 48 of the Civil Procedure Act

Scong-dong Transmittal System

Defendant 1 and six others

Daegu District Court of First Instance (76Gahap14 delivered on July 1, 200)

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the defendants.

Defendant 1, 2, and 3 among the real estate listed in the attached Table list to the Plaintiff, the respective shares of 2/18; shares of 1/18; shares of 6/18; shares of 6/18; and shares of 4/18, shares of 18; and shares of 18/18, each of the real estate listed in the attached Table list to the Plaintiff, shall implement the procedure for the registration of transfer of ownership.

Litigation costs shall be borne by the defendant, etc.

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

1. Judgment on the main defense of this case

The defendants asserted that the plaintiff was unable to be a party and that the non-party 1, who appeared and testified as the representative from the time when the plaintiff was brought the lawsuit to the third day for pleading of the original trial, did not have the power of representation. Thus, if the non-party 2, Gap evidence 10 without dispute about the establishment, Gap evidence 2, 5-1 through 6, and the above witness and non-party 3's testimony are gathered from each of the above non-party 3's testimony by the testimony of the non-party 2, the plaintiff transmitting the plaintiff shall be the real estate recorded in the attached list (the plaintiff's forests and fields all) and the non-party 3's testimony as to the non-party 2, 8, 3, 6, 00, 1919, for the purpose of installing the plaintiff's family, collecting fuel, etc., and the non-party 1 was organized as the representative from among the non-party 1, 1919, with the consent of the majority of the plaintiff's general meeting concerning the settlement of accounts and its affairs.

Thus, even if the representative was not continuously appointed, the plaintiff Song-gu is a combination of many persons who formed under the above specific purpose, and is engaged in the activities of selecting internal managers. If the representative is appointed due to the necessity of external acts, it shall be deemed as an unincorporated association. The above non-party military errors shall be the representative who was duly appointed in the procedure, and therefore, the defendants' main defense against the safety shall not be accepted.

2. Judgment on the merits

According to the reasoning of the judgment below, the non-party 1 and the non-party 1 and the non-party 6's real estate owner's title transfer registration for the above non-party 1 and the non-party 6's real estate acquired from the non-party 1 to the non-party 5's non-party 6's non-party 1 and the non-party 5's non-party 6's non-party 1 and the defendant's non-party 6's non-party 5's non-party 6's non-party 1 and the non-party 6's non-party 6's non-party 6's non-party 1 and the defendant's non-party 6's non-party 5's non-party 6's non-party 1 and the non-party 5's non-party 6's non-party 1 and the defendant's non-party 6's non-party 1 and the defendant 6's non-party 1 and the defendant 6's defendant 1 and the defendant 1.

Therefore, as the delivery of the complaint in this case, the plaintiff's intention of termination on the above title trust reached the defendants. Thus, the defendants are obligated to perform the procedure of transfer of share ownership according to their shares in the purport of the claim on the ground of termination of the trust as stated in the record that it is obvious that the delivery date of the complaint in this case is the date of the plaintiff's delivery of the complaint in this case (other than defendant 4, March 4, 1976). Thus, the plaintiff's claim for the performance of the obligation is justified, and the judgment of the court below is just, and the appeal by the defendants is dismissed pursuant to Article 384 of the Civil Procedure Act and it is so decided as per Disposition by applying Articles 95, 89, and 93 of the same Act with respect to the burden of litigation costs.

[Attachment List omitted]

Judges Kim Ho-young (Presiding Judge) and Lee Tae-man's money