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(영문) 전주지방법원 2019.11.07 2018나13533
부동산소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this Court shall be dismissed.

3...

Reasons

1. The court's explanation concerning this case is next to the third-party decision of the court of first instance, followed by the third-party decision of the court of first instance.

In addition, with respect to the preliminary claims added at the trial by the plaintiff, the following are added.

In addition to the determination of addition, it is identical to the entry of the reasoning of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Meanwhile, according to the statements in Gap evidence Nos. 14 through 18, the plaintiff enacted the clan on January 25, 2019, which was after filing the appeal of this case, and on March 6, 2019, sent a notice of convening an extraordinary general meeting to 18 persons who were identified as the plaintiff's clan members on March 6, 2019, and then held an extraordinary general meeting on March 16, 2019 and made a resolution to appoint a J as the representative and ratification of the lawsuit of this case. The fact that the plaintiff obtained registration numbers for real estate registration on April 3, 2019 is recognized.

However, evidence revealed in the above facts and the following facts and circumstances acknowledged by Gap evidence Nos. 3 through 5, 7, 8, and 12 (including the number of branch numbers) and the purport of the entire pleadings, i.e., ① the plaintiff, after the institution of the instant case, held an extraordinary general meeting on September 16, 2018 and March 16, 2019, after the institution of the instant appeal, to appoint a representative and passed a resolution to consent to the institution of the instant case, there is no material to view that the plaintiff continued to conduct the activities of a clan, such as cutting the deceased F's vision and holding an ordinary general meeting and managing the clan property. ② The plaintiff held an extraordinary general meeting twice from about 25 descendants of the deceased F after the institution of the instant case, it is difficult to view that the members of the clan constituted a clan, and what is difficult to view the resolution to have been made by the members of the clan in advance.

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