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(영문) 대법원 2016.01.14 2014다72241
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. According to the record as to the ground of appeal No. 1, the Plaintiff asserted that “AG as a joint establishment of a family” was “a clan from the time of the filing of the lawsuit to the time of the closing of argument in the court below, and that “AG as a joint establishment of a group group” was the same from the time of the filing of the lawsuit to the time of the closing of argument in the court below.

Meanwhile, the Plaintiff stated on March 5, 2014 that the date for the second pleading of the lower court stated that “the Plaintiff is a clan with a high meaning and is not an organization similar to a clan,” but thereafter, the Plaintiff maintained the previous assertion on the Plaintiff’s joint election by asserting that “The Plaintiff had resided in the Republic of Korea from 1910 to 1910, the descendants of the 2,3,6,7 South and North from among the descendants of the Plaintiff, who were stated on March 5, 2014 at the third pleading date of the lower court, while residing in the Ulsan-gu AM and the Republic of Korea, Ulsan-gu, the Republic of Korea, and the Republic of Korea, the Republic of Korea has maintained the Defendant’s claim.”

Thus, the plaintiff's assertion is nothing more than that of "the plaintiff is a door that makes the plaintiff's joint ancestor 2 South, North, six South, and seven South Korea of AG, and such plaintiff must be evaluated as a clan with its unique meaning." It is not that the plaintiff claims that "AG's joint ancestor 2 South, North, 3 South, 6, and 7 are changed from "AG's 2 South, North, 7 South and North" to "AG."

Even if the Plaintiff’s assertion that he is “a clan with limited meaning” includes the purport of changing the Plaintiff’s common line from “AG’s 2 South, South, North, six and seven South Korea to “AG,” it is not permissible to change the nature of the party’s unique meaning as an organization similar to a clan, which has already been determined as an organization similar to a clan that restricts the qualification of members to a certain region resident, into a clan, because it constitutes a change of the party’s own meaning (see, e.g., Supreme Court Decision 9Da9523, Jul. 27, 1999). In addition, at the time of the Plaintiff’s filing of a lawsuit, the Plaintiff’s substance has already been changed to 2 South, North, South, 6 South, and 7- South, North of

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