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(영문) 대전지방법원공주지원 2016.01.13 2014가합242
명의신탁해지 원인으로 한소유권이전등기
Text

1. The plaintiff's lawsuit against the defendants is dismissed.

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

Reasons

1. Determination on the legitimacy of the instant lawsuit

A. Defendant C, D, E, E, F, W, X, Y, and Z against the Plaintiff, arguing that the case of this case brought by the Plaintiff, who had no capacity to be a party, should be dismissed, arguing that it is unclear who is the most important factor in understanding the substance of the clan against the Plaintiff, and that the case was brought by some descendants, which was brought by the Plaintiff with no capacity to have the substance as a non-corporate body.

A clan is a naturally created group of the clans that consists of those who have reached majority among the descendants of the common ancestor as its members with the aim of protecting the graves of the common ancestor, promoting friendship among its members, etc., and is established by descendants at the same time as the death of the ancestor, and no special organization is required for its establishment. However, there is a case where the regulations are prescribed in order to regulate the activities of the clan, and there is a need to designate a representative at the time of external activities, so the use of a specific name and a written clan regulations are required for the recognition of the existence of the clan, or the representative of the clan is not necessarily required to be continuously appointed.

(see, e.g., Supreme Court Decision 2011Da91852, Oct. 31, 2013). In addition, if a clan has been engaged in continuous activities with an organization to the extent represented by the representative elected in accordance with the rules or customs of a clan, the organization as a non-corporate group is recognized, and the issue of whether a clan is capable of being a party as a non-corporate group is related to the litigation requirements and should be determined at the time of closing argument of the fact-finding court.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). Moreover, whether a clan naturally formed has an organic organization to the extent that it is able to conduct title trust by acquiring the right to real estate, etc. at a specific time.

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