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(영문) 청주지방법원 2017.07.13 2015가단108444
소유권확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion that the real estate was in title trust with 1/3 shares in Y, I, and Z around March 1926. Since the Defendants, the inheritors, such as the above Y, did not transfer the ownership to the Plaintiff, the Defendants, as the title truster, did not transfer the ownership, the Plaintiff terminated the title trust agreement on the instant real estate upon delivery of the application for modification of the purport of the instant claim, and seek the Defendants to implement the procedure for ownership transfer registration as to the inheritance shares listed in the attached list.

B. Determination ex officio, in case where a clan which is an unincorporated association conducts a lawsuit on collective ownership property, it shall undergo a legitimate resolution of the general meeting of the clan unless there are special circumstances, and in holding such clan general meeting, barring special circumstances, each person shall be given an opportunity to participate in a meeting, discussion, and resolution by the general meeting of the clan held without a notification for partial members of the clan, by individually convening a convocation notice to all members of the clan who are clearly residing in the country after determining the scope of the members of the clan who are subject to notification for convening the meeting, and their whereabouts are clearly known.

On the other hand, after the Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005, adult females who are the descendants of joint ancestor are also members of the clan, so if they did not call a notice for convening only to the members of the clan at the time of the general meeting of the clan and did not notify the members of the female clan, the resolution at the general meeting of the clan shall

(see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010). In full view of the overall purport of the arguments in each of the statements in evidence Nos. 5 and 11, the Plaintiff is a clan set forth in AB, AB, who is 40 years of age or older, and is a member of AC, who is 43 years of age or older, among its own descendants, the Plaintiff appears to have not held the general meeting of a clan prior to the filing of the instant lawsuit, and this appears to have not been held.

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