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(영문) 전주지방법원정읍지원 2020.01.14 2019가단1563
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.

Reasons

The real estate listed in the separate list of defendant B's defense against this safety defense is originally owned by the plaintiff, and only the name of the plaintiff is entrusted to the network N, networkO, and defendant B, and the plaintiff, with a duplicate service of the written complaint of this case, the plaintiff terminated the above title trust, and the plaintiff's lawsuit of this case seeking the implementation of the procedure for ownership transfer registration due to the cancellation of title trust for each real estate listed in the separate list against the "the remaining defendants except defendant B," and the defendant B, which are the heir of the network N, networkO, and the heir of each real estate listed in the separate list against the defendant B, and the lawsuit of this case is unlawful.

A clan within its unique meaning of the relevant legal doctrine is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the remains of the ancestor, promoting friendship between descendants, and is established by descendants at the same time as the death of the ancestor, even if there is no special organization.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Thus, even a clan with a unique meaning that is naturally formed, it shall be determined by comprehensively considering the purpose of a clan, the circumstances surrounding its establishment and organization, the scope of and qualifications for its members, the contents of the clan regulations, and other matters, such as the purpose of its establishment and organization, the scope of and qualifications for its members, etc.

(See Supreme Court Decision 2001Da5296 Decided June 28, 2002, Supreme Court Decision 2009Da95387 Decided March 25, 2010, Supreme Court Decision 201Da64607 Decided January 10, 201, etc.). Specific determination is made by the Plaintiff consisting of seven persons, including P 32 years of age Q.

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