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(영문) 수원지방법원 2017.10.26 2016가단516499
소유권이전등기
Text

1. All lawsuits against Defendant B, C, D, E, F, G, I, J, K, and L shall be dismissed.

2. The plaintiff's defendant H in the case of defendant H.

Reasons

Basic Facts

The defendant clan is a clan whose members are adults among the descendants of N, 12 descendants of M.

[The rules of the defendant clan (No. 4) enacted on March 27, 1994 are the members of the defendant clan, but since the clan is a naturally created clan group composed of the purpose of protecting the graves of the joint ancestor, conducting religious services, and promoting friendship among its members, it is reasonable to view that the descendants who share the same clan with the joint ancestor naturally become members of the clan when they reach majority without distinction of gender, in light of the above purpose and essence of the clan, as long as the defendant clan is deemed to be a clan with a unique meaning, not a similar organization, regardless of the provisions of the rules, the members of the defendant clan shall be deemed to be members of the defendant clan, regardless of the provisions of the rules. According to the rules of the defendant clan, an ordinary general meeting shall be held on October 15 (Article 9 of the Code), and a majority of the members of the defendant clan shall be established when they reach the majority of the members of the joint clan, and a majority of the members of the defendant clan shall be established when they reach the majority of the registered members (Article 25 of the Code).

(Article 10(1) of the Code. On the other hand, the acquisition and disposal of the clan properties shall be decided and executed by the board of directors (Article 8(2) of the Code.). Article 9(5) of the Code requires the consent of the board of directors or all the members of the board of directors to pass a resolution at the meeting (Article 9(5) of the Code.

(Article 10 (4) proviso of the Code). The defendant clan is the owner of each land of this case. The defendant clan held title trust with 1/3 shares in each of the above land to O, P, and Q, which are the clans of this case, and completed each registration of ownership transfer in its name on April 8, 198.

The title trustee of each of the instant lands died, and accordingly, the remaining Defendants except for the Defendant clan (hereinafter referred to as the “Defendant clan Defendants”) are referred to as the Defendants outside of the Defendant clan as follows.

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