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(영문) 광주지방법원목포지원 2016.07.12 2015가단3615
소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff of this safety defense is a clan that is a joint ancestor of G's 12 descendants, and that the real estate of this case is owned by the plaintiff of this case, and that the plaintiff of this case was a title trust of 1/4 of each of the real estate of this case with I on December 20, 1971 and defendant C.

As to this, the defendants did not exist or did not work for the clan H as a joint ancestor, and the plaintiff clan is merely a clan of which the 14th members of the J, and the plaintiff clan is a joint clan of which the k, who is the 14th members of the J, and the descendants who are the son of the J, who are the members of the plaintiff clan, are not the members of the plaintiff clan, and therefore the plaintiff is not a member of the plaintiff clan, and therefore the plaintiff

2. Determination on this safety defense

A. A. The specific method of a clan and the issues of this case are the natural development group consisting of the descendants of majority who share the common ancestor with the same clan and the same clan for the purpose of the protection of the graves of the common ancestor and the friendship among its members and the friendship among its members. The specific purpose of a clan is to determine the scope of the members of a clan based on who is the common ancestor employed by the clan as the object of the members of the common ancestor. The different common ancestor is also a clan with a separate entity different from its members. The change of the common ancestor claimed by the plaintiff is not permitted as it brings about the result of the change of the parties. In such a case, the court shall examine whether the plaintiff is a member of the common ancestor, as originally asserted by the plaintiff, whether the representative of the clan is qualified as the representative of the plaintiff's clan, and if such clan is not in existence or is recognized as the representative of the clan, it shall be dismissed as inappropriate for the lawsuit, and if it is recognized as the qualification of the representative of the clan and the representative of the same clan, it shall enter the main decision (see Supreme Court Decision 2008Da285.27.

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