(영문) 대구지방법원김천지원 2014.11.28 2014가단6301

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Reasons

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자간(%)

(영문) 대구지방법원김천지원 2014.11.28 2014가단6301

부동산소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by C, the representative of the plaintiff.

Reasons

1. The gist of the plaintiff's assertion is that the plaintiff is a clan with the non-party net F (name for satisfaction compensation: G) of EC, the 30 grandchildren, and the defendant is a member of the plaintiff's clan.

The Plaintiff trusted the name of the Defendant with D Forest land 19,835 square meters (hereinafter “instant forest”). The Plaintiff’s service of a copy of the instant complaint, which is the service of a copy of the instant complaint, terminated the said title trust agreement.

2. Judgment on the defendant's main defense

A. The representative of a clan of the relevant legal principles shall be appointed according to the rules or practices of the clan, and if not, the head of the clan or the head of the door shall convene and elect persons of age or older among the members of the clan, and if not, the head of the clan shall not appoint the head of the clan or the head of the door, and shall notify the members of the existing family and the members of the clan who are clearly residing in Korea and shall convene the general meeting of the members and shall appoint the representative of the clan at that meeting, unless there is no rules or practices regarding the appointment of the head of the clan or the head of the door, and if the members of the clan need to select their representative regarding the management or disposition of the clan's property, so it is common customs that the convening authority may call the general meeting.

Since there is no reason to exclude women in determining the persons who have the right to convene a clan general meeting held to appoint a representative, there is no reason to exclude women in determining the persons who have the right to convene a clan general meeting, those who are the highest and the lowest among the whole members of the clan including women shall be the persons who have the right to attend a

However, such a person who has a duty to resist shall be determined formally and objectively by the data such as a family report, but there are cases where the life or death of a person who has a duty to resist and do not exist any contact, so it is possible to grasp whether he/she is alive or contact with him/her by the method recognized as possible by social norms.

유사 판례

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