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(영문) 창원지방법원밀양지원 2017.08.09 2016가단11846
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The plaintiff's assertion is a clan naturally created by the city's creation of the Ethathy Fath.

Although the defendant completed the registration of transfer of ownership on the land of this case owned by the plaintiff, it shall be deemed that it was conducted without a legitimate executive meeting or a general resolution of the plaintiff clan, or it was conducted by G, other than a legitimate representative of the plaintiff clan.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer based on the restoration of real name to the Plaintiff, a legitimate owner of the instant land.

2. Determination on the defense prior to the merits

A. In light of the fact that the scope of the Defendant’s assertion of the Plaintiff’s clan members has not been determined, that female clan members are not given a notice of convening a general meeting, and that they have not been convened by a legitimate person holding a general meeting, C is elected as the Plaintiff’s representative, and that the resolution of the general meeting by the resolution of the Plaintiff’s complaint of this case is invalid as a defective

B. The issue of party capacity is a matter of ex officio investigation by the court. As such, the court should investigate ex officio the facts that form the premise for the determination of party capacity without being bound by the parties' arguments. However, in determining party capacity based on such facts, if an organization with the elements that define the organization as a social entity such as the objective, organization, and members of the organization is actually existing, it is sufficient that the party capacity in the lawsuit is satisfied, and if it is actually existing in such meaning, it is sufficient to dismiss the lawsuit as it is unlawful, and to recognize the party capacity by recognizing the substance of an organization entirely different from the parties' allegations, not only is it in the lawsuit but also is the result of changing the party.

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