(영문) 의정부지방법원 2020.11.12 2019가단133172

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(영문) 의정부지방법원 2020.11.12 2019가단133172

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1. The lawsuit against the Defendants in the Plaintiff A shall be dismissed.

2. Plaintiff B and C’s claims against the Defendants respectively.

Reasons

1. Basic facts

A. Both Plaintiff B, C, and Defendants are the descendants of the network G, and Plaintiff B is the children of the network H, the Plaintiff C, the Plaintiff’s children of the network G, and the Plaintiff C’s children of the network G, and the Defendants are the children of the network Trinam network J.

B. As to the land listed in the attached Forms 1 and 2, each of the District Court's original registry offices of the District Court of the Republic of Korea was received on July 5, 1991, and as to the land listed in the attached Forms 3 and 4, each of the District Court's original registry offices of the District Court of the Republic of Korea was completed on February 10, 1993 by the receipt of No. 1590 on February 10, 1993.

C. With respect to each of the lands listed in the attached Forms 3 and 4, on the ground of the “change of the representative on September 7, 2003” as the receipt of No. 12729 on Nov. 3, 2003, the registration of the change of the indication of the registered titleholder who changed the representative on the part of Plaintiff A from the network H to the network J. On the same day, the registration of the change was completed on Nov. 3, 2003, the registration of the ownership transfer under each network J’s name was completed on Nov. 3, 2003. D. As to each of the lands listed in the attached Forms, the registration of the ownership transfer was completed on Feb. 28, 2019 by the Speaker District Court, the registration office, the registration office, and the registry office of the Republic of Korea on Feb. 28, 2019.

2. Determination as to the Defendants’ main defense against Plaintiff A during the period of Plaintiff A

A. The Defendants: (a) Plaintiff A did not meet the unique requirements of clans; (b) did not meet the requirements of clans itself; (c) did not meet the requirements of clans and did not have any substance to the extent that it is recognized as a non-corporate body; and (b) did not meet the requirements of filing the instant lawsuit at the general assembly of Plaintiff A, and therefore did not meet the requirements of filing the instant lawsuit.

B. The Plaintiff A does not constitute a clan of its own meaning.

유사 판례

-서울중앙지방법원 2016.09.01 2016가합3701

-의정부지방법원 2015.05.13 2014가합8537

-의정부지방법원 2018.06.19 2017가단5532

-대전지방법원논산지원 2015.04.23 2014가단20700

-의정부지방법원 2017.06.21 2014가합2683