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(영문) 대구지방법원 2014.11.27 2014가단5323
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff (hereinafter referred to as the "Plaintiff clan") is a clan consisting of the descendants of C4 years of age D, who are its members.

B. On September 2, 1919, Plaintiff 15 years of age of clan E was assessed on each real estate listed in the separate sheet 1, 2, and 3, and acquired real estate listed in the separate sheet 4 on November 7, 1930.

C. On June 14, 1948, the real estate listed in the attached list 1 was registered for the preservation of ownership in the name of 16 years of age for the Plaintiff clan F, and on April 28, 201, the registration for the transfer of ownership was made in the name of the Defendant on the grounds of the inheritance by agreement division. Each of the real estate listed in the attached list 2, 3, and 4 was registered for the registration for the transfer of ownership in the name of 18 years of age for the Plaintiff clan on June 30, 1970, and the registration for the transfer of ownership was made in the name of 18 years of age for the Plaintiff clan on the grounds of inheritance on June 20, 195.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The resolution is null and void since the general assembly of the clan dated September 7, 2013, which elected H as the representative of the plaintiff clan on the summary of the previous defense of the clan, was made without a legitimate notification.

Therefore, the lawsuit of this case is unlawful as it is brought by a person without the power of representation.

B. Determination 1) Unless there are special circumstances, a clan general meeting provides each person with an opportunity to participate in meetings, discussions, and resolutions by individually notifying all the members of the clan who are clearly residing in the Republic of Korea after determining the scope of the members of the clan subject to notification for convocation by the clan, and there is no resolution of the clan general meeting held without the notification for convocation to some members of the clan, but the method of notification for convocation shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and it shall be done only through other members of the clan or by telephone (Supreme Court Decision 201 Jun. 29, 2001).

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