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(영문) 의정부지방법원 2015.09.25 2014가단45539
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. (i) The plaintiff asserts that D's 24 years of age E is a clan that consists of descendants of D's 24 years of age as a mid-term ward.

D. The clan unique meaning is a naturally occurring group of clans, which is naturally created for the purpose of the protection and religious services of the graves of the common ancestor, the descendants of the common ancestor who are not less than 20 years old among the descendants of the common ancestor naturally become its members. Therefore, it does not require special organization or require the rules of sexuality, but if the clans are descendants of the common ancestor naturally created, it is not automatically established unless the clans are organized to the extent that they are represented by the representatives elected in accordance with the rules or customs of the clans, and the members have continuously performed their activities for the above purpose, the clans of its unique meaning can be recognized only if they are equipped with an organization to the extent that they are represented by the representatives elected in accordance with the rules or customs of the clans, etc.

(See Supreme Court Decision 91Da16525 delivered on August 27, 1991, etc.). See Article 1-1, 8, 12, 16, 17, 18, and 19, the following circumstances acknowledged by considering the overall purport of the arguments in Gap's evidence: ① there is no other evidence that the plaintiff held a clan general meeting before August 9, 2014 (the plaintiff asserts that there was no fact that the clan general meeting was held in 2007, 2008, 2009, and 2009, so the above clan general meeting is excluded. Further, although the plaintiff asserted that the general meeting was held each year, it is insufficient to acknowledge it only by the evidence submitted by the plaintiff, and there is no other evidence to support it). ② there is no other evidence to support that the plaintiff regularly sent the vision (No. 19, 19, 3).

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