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(영문) 수원지방법원평택지원 2020.05.21 2018가단62933
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The plaintiff's assertion is a clan with a unique meaning that consists of descendants of E, who are 56 years of age.

The Plaintiff held the title trust of each real estate listed in the attached list, owned by the Plaintiff, to net F or his/her ancillary G, etc., which is the cause of the termination.

However, the defendant, who became aware of the net G, has completed the registration of ownership transfer of each real estate listed in the separate sheet without the plaintiff's consent, by taking advantage of the fact that the ownership of each real estate listed in the separate sheet is a husband H or Sick G.

Therefore, the Plaintiff terminated the title trust agreement on each real estate listed in the separate sheet with the delivery of the instant complaint. As such, the Defendant is obligated to implement the registration procedure for ownership transfer as stated in the separate sheet with respect to each real estate listed in the separate sheet.

2. Judgment on the defendant's main defense of safety

A. The main point of the defendant's assertion is that the plaintiff does not have a unique meaning as a clan.

B. Whether or not the plaintiff's ability to be a party is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting graves of the ancestor and promoting friendship between descendants and descendants, which is established by the death of the ancestor and the descendants after the death of the ancestor.

If a clan has organization and is engaged in continuous activities to the extent represented by the representative elected in accordance with the rules or customs of the clan, etc., organization is recognized as a non-corporate group (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). The Plaintiff asserts that its substance is a clan of its unique meaning comprised of descendants by making DC 56 descendants as a joint group. However, the Plaintiff’s assertion that its substance is a clan of its unique meaning that is comprised of descendants. However, the following circumstances, namely, ① the enforcement date of the articles of incorporation submitted by the Plaintiff on May 12, 2018, and so, whether the Plaintiff was elected with a decision-making and an operating institution in any way prior to the enforcement date of the articles of incorporation.

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