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(영문) 전주지방법원 2020.01.10 2018나11346
소유권이전등기
Text

1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.

2. The main office of this case shall be dismissed.

3...

Reasons

1. The reasoning of the court’s explanation on the legitimacy of the instant application for intervention by the independent party is as stated in the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on this safety defense

A. The summary of the plaintiff's defense 1) The plaintiff argued that the plaintiff is a natural relative organization that is naturally occurring in the group of P, but the descendants who make a joint group of P are divided into Qu house, R house, S house, and T house. Since the plaintiff is an organization similar to a clan that has formed and operated only a small number of members in Q house, it is not a clan of unique meaning, and there is no standing to sue. 2) Article 9 of the plaintiff's Rules of the Council provides that "regular general meeting shall complete April 4 of each year on Sundays and hold it in M." Article 9 of the plaintiff's Rule of the Council provides that "The ordinary general meeting shall complete and hold it in M." The ordinary meeting in 2017, which has appointed the representative of the plaintiff, held in V, which is not a minority member of Jeonju, who is not a member of the plaintiff, but a member of the non-member of the non-member of the non-member of the non-member of the non-member of the non-member of the non-member of the family.

B. In full view of whether the Plaintiff is a clan unique to the Plaintiff, and comprehensively taking account of the overall purport of the pleadings in the entries in Gap evidence Nos. 1 through 19, 21 through 25, and Eul evidence No. 8, the descendants making a joint group of OC 7 years of age P did not dispose of the forest land 1,139,802 square meters of the above forest land in order to prevent from arbitrarily disposing of the forest land before the division of the forest land of this case, the descendants of the above P from September 19, 193 as to the above forest land "the fact that the registration was completed in the name", the descendants of the above P completed the registration of the property of the G clan No. 1, 139,802, which was the land before the division of the forest land of this case, were included in the members of the plaintiff clan, including the establishment of the clan clan, the establishment of the clan clan, the management of the property of the clan, and the general assembly of the clan.

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