logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.08.27 2020가단107756
소유권이전등기
Text

The instant lawsuit is dismissed.

The costs of the lawsuit shall be borne by K which is represented by the plaintiff.

Reasons

1. Whether the lawsuit of this case is legitimate

A. The Plaintiff’s assertion 1) is a clan consisting of descendants of MC 18 N, and manages the clan and the clan. On February 22, 2020, the Plaintiff held a general meeting on February 22, 2020, the Plaintiff decided to terminate the title trust with respect to one-third share of the area of 1/3 square meters of L, Jung-gu, Daejeon, and elected the representative K. Defendant E cannot be deemed as a clan with its unique meaning, and the Plaintiff did not call a notice of convening a general meeting even if the general meeting was not a general meeting.

B. Legal principles 1) A clan is a natural religious organization formed by descendants of the common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among their descendants. It is not automatically established only if the descendants of the common ancestor exist, but only if the members have organized the organization to the extent that they are represented by the representative elected according to the rules or customs of the clan and have continuously performed their activities for the above purpose, a clan of its unique meaning can be recognized (see, e.g., Supreme Court Decision 91Da16525, Aug. 27, 1991). Whether it constitutes a clan's unique meaning should be determined by comprehensively taking into account the purpose of the clan, its establishment, the circumstances surrounding the organization, the scope of and qualifications for the members, and the contents of the rules of the common clan, etc. (see, e.g., Supreme Court Decision 201Da5296, Jun. 28, 2002; if part of the members of the common clan become a member of the common clan, they shall be arbitrarily excluded from its qualifications after the general meeting.

arrow