logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2011.10.07 2011가합2854
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff's cause of the plaintiff's claim asserts that each real estate listed in the separate sheet was acquired by the plaintiff's family member who received title trust from the plaintiff, and that it was acquired by the plaintiff's family member, the plaintiff's heir, as the above deceased D, sought implementation of the registration procedure for transfer of ownership based on the termination of title trust and the completion of prescription in preliminary case against the defendants who currently own each of the above real estate.

The issue of the party's ability to determine the legitimacy of the lawsuit in this case belongs to the matter of ex officio investigation by the court. As such, the court must investigate ex officio the facts which form the premise for the party's ability without being bound by the party's argument. However, in determining the party's ability based on such facts, if an organization with the elements to define an organization as a social entity such as the purpose, organization, and members of the organization, which the party is able to pay, is actually in existence, the party's ability in the lawsuit is satisfied. If it is sufficient to dismiss the lawsuit because it is unlawful, and it is sufficient to recognize the party's ability at all different organization from the party's assertion as a result of changing the party's ability.

(See Supreme Court Decision 2002Da4863 delivered on May 10, 2002). On the other hand, a clan is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of promoting the number of graves of the ancestor, the sponse and friendship among descendants, and is established by its own descendants at the same time as the death of the ancestor, and there is no limit to the number of the clans, and the name of the clans or the sponse of the clans is a common practice or custom that it is done by attaching the official duties or the sponse, etc. of the clans or during the sponse of the clans, but a clan is a common set of the clans.

arrow