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(영문) 광주지방법원 2015.11.25 2013가단47236
소유권말소등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. C을 시조로 하는 D씨는, 그 14세 후손인 E를 중시조로 하는 F 종중, 26세 후손인 G을 중시조로 하는 H 종중, 31세 후손인 I을 중시조로 하는 A 종중 등 여러 종파가 형성되어 활동해 왔고, 위 I은 후손이 없이 사망하여 그의 동생 J의 증손자인 34세 K을 I의 주사손(主祀孫)으로 삼았는데, 원고 종중은 위 K을 공동선조로 하여 그의 후손들로 구성된 종중이다.

B. On May 16, 1915, the land listed in the separate sheet No. 1 was turned out in the name of Japan, and thereafter, on June 20, 1919, the ownership transfer registration was made in the name of M, N. On June 4, 1929. The ownership transfer registration was completed in the name of Q, R, S, T, U, V, X, Y, Z, and AA on the same day after the registration of ownership transfer in the name of P, P, and thereafter on May 20, 1937, the ownership transfer registration was completed in the name of "AB Type" (hereinafter referred to as "AB type"). On December 9, 1999, the ownership transfer registration was completed on October 18, 199 under the name of the Defendant B.

C. On December 24, 2001, the registration of creation of superficies was completed on April 13, 201 with respect to the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “each land of this case” in addition to the land listed in paragraph (1) of the attached Table No. 1), and the registration of creation of superficies was completed on April 13, 201 with respect to the land of this case as indicated in the attached Table No. 2.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 16-1, 2, and Gap evidence 31, the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the defendants' assertion was brought by a person without the power of representation, and it was unlawful as it was also brought without the resolution of the general meeting of the plaintiff clan.

B. According to the overall purport of Gap's evidence 2, 6, Gap's evidence 24-1, 3, 35-1, 8-1, and Eul's evidence 1-1, and the whole arguments, the plaintiff's clan shall appoint the representative at the time of the lawsuit, such as confirmation of the existence of the resolution of the general assembly before the lawsuit of this case.

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