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(영문) 광주지방법원 2017.06.30 2016가단502024
등기명의인표시변경등기말소청구
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The end group A completed the registration of ownership transfer as the receipt No. 48273 on August 25, 2005 with respect to the land listed in the separate sheet 1 and the buildings listed in the separate sheet 2 (hereinafter “each of the instant real estate”).

B. Since then, on May 10, 2007 with respect to each of the instant real estate, the registration of change of the name of the second registration titleholder was completed on December 31, 2008, changing the name of the closing group A, No. 214490, which was received on December 31, 2008, to B. On May 19, 2011, the registration of change of the name of the second registration titleholder (the registration of change of the name of each of the instant registered titleholder combined with the registration of change of each of the above registered titleholder), changing the name of B from Jincheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do to E, Cheongcheon-do, Chungcheongnam-do.

[Ground of recognition] Facts without dispute, Gap evidence 6-1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the instant lawsuit against the Defendant, for which the Plaintiff sought implementation of the procedure for registration of cancellation of the indication of each of the registered titleholders in the instant case, the Defendant shall make a prior objection to the instant lawsuit to the effect that the Plaintiff did not have an entity as a non-corporate group because the Plaintiff did not have a legitimate representative, etc.

If the non-corporate body has the capacity to be a party in civil litigation, it is required to have organization to a certain extent and to be a representative who continues to engage in continuous activities. This is related to the requirements for litigation and shall be determined at the time of the closing of arguments in the fact-finding court.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). In addition, in determining the existence of a party capacity of an organization, an organization with such meaning is limited to the existence of an organization with elements as a social entity, such as the purpose, organization, and members of an organization, which the parties are friendly.

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