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(영문) 인천지방법원부천지원 2020.06.12 2019가단5507
소유권이전등록
Text

1. The Defendants are attached to the Plaintiff with respect to each of the pertinent shares listed in the separate sheet in the attached Table out of the area of 4,093 square meters in Kimpo-si, Kimpo-si.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of H's descendants, and the defendants and the network I are the members of the plaintiff's clan.

B. Defendant B, C, D, E, and network I completed the registration of ownership transfer on the ground of sale on March 2, 1999 with respect to each of the shares of 542/4093 square meters in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant land”).

C. The deceased I died, and on December 20, 201, Defendant F completed the entire registration of transfer of shares based on inheritance by consultation and division on April 15, 2001 with respect to the deceased I’s 3009/1279 shares out of the instant land.

[Ground for recognition] Defendant B, C, and D: Defendant E: The absence of any dispute; the entries in Gap’s evidence 1 through 5, 10, 24, and 27; the purport of the whole pleadings; the purport of the whole pleadings; the admission as a confession (Article 150(1) of the Civil Procedure Act)

2. Determination on Defendant E’s main defense of safety

A. Defendant E is not aware of the representative of the Plaintiff’s clan and there is no substance of the Plaintiff’s clan. Defendant E is a safety resistance.

A clan is a natural development group of the clans that consists of adult male and female members, among the descendants of a common ancestor, who are members of the clan.

According to the whole entries and arguments of Gap 1 through 4, 8, 20 through 24, 25, 27 through 31, and 33 through 36 (including the number of branch numbers; hereinafter the same shall apply), according to the whole purport of each statement and arguments, the plaintiff has an entity as an organization composed of men and women of age or older who have the same origin as H's descendants by virtue of the rules, a representative, and an executive officer, etc., and continuously performed activities such as gathering the vision of the ancestor and holding a clan general meeting every year to resolve property management and the church of the clan, the plaintiff's president has been changed to the term of office of two years, and J, K, L, etc. has served as the chairperson.

According to the above facts of recognition, it is reasonable to deem that the plaintiff has the substance as a clan and has the ability to be a party. Thus, the above main defense of defendant E is without merit.

B. The instant case.

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