(영문) 춘천지방법원강릉지원 2017.09.20 2016가단52384

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(영문) 춘천지방법원강릉지원 2017.09.20 2016가단52384

소유권이전등기

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an organization formed with D as a joint organization for the purpose of promoting friendship between the protection of graves, the removal of graves, and the members of his/her religious service.

B. E completed the registration of ownership preservation on May 25, 1973 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer for reasons of sale on May 23, 1973 to the Defendant on the same day.

[Reasons for Recognition: Facts without dispute, Gap 1's evidence, Gap 12's evidence, Gap 25's evidence (the evidence with provisional number includes numbers), the purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s claim for real estate of this case is the Plaintiff’s title trust.

Since the Plaintiff terminated the above title trust on February 16, 2016 against the Defendant, the Defendant is obligated to complete the registration of transfer of ownership based on the cancellation of the title trust on February 16, 2016 with respect to the instant real estate.

B. The Defendant’s defense before the settlement of the complaint: (a) the Plaintiff did not have the substance of an unincorporated association that is not a clan with its own meaning, but a non-legal entity that independently acts (the Defendant asserted that the Plaintiff is a non-family organization that is not a clan but a clan with its own ability to be a party; and (b) the Plaintiff did not have the ability to be a non-family organization with its own ability to be a party; and (c) the instant lawsuit is unlawful

C. 1) In light of the following circumstances, it is reasonable to view that the Plaintiff is an organization consisting of 19 members, without any specific assertion as to the Plaintiff’s members in the instant complaint, the Plaintiff submitted the evidence No. 1 and the evidence No. 5 as evidence of the resolution to institute a suit, without any specific assertion as to the Plaintiff’s members.

B. Article 1 of the Rules of the Plaintiff refers to a gathering of the latter, which is called a gathering of the latter.

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