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(영문) 전주지방법원 2019.08.28 2019가단1604
소유권이전등기절차
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As the lawsuit of this case, the plaintiff asserts that the forest of this case was owned by the plaintiff clan and held title trust to four members, such as D, the father of the Appointors, and that the plaintiff terminated the title trust by the delivery of a duplicate of the complaint of this case and sought a judgment such as the statement in the purport of the claim.

As to this, the defendant (appointed party, hereinafter referred to as the "defendant") asserts that the same clan as the plaintiff cannot be recognized, and that the lawsuit of this case was filed by a resolution held without a notice of convening a general meeting of the designated parties.

2.(a)

The clans and clans do not need a special organization and are naturally formed by their descendants at the same time as the death of the common ancestor. In full view of the whole arguments in the statements in subparagraphs 3 and 5 above, it is deemed that the plaintiff clans and clans composed of descendants by grouping Eul as a joint ancestor.

B. (1) On the other hand, according to the plaintiff's assertion, the forest land of this case is jointly owned by the plaintiff's clan, and Article 265 of the Civil Act concerning the preservation of the jointly owned property cannot be applied to the preservation of such jointly owned property. Thus, even if it is intended to file a lawsuit as an act of preserving the jointly owned property, it shall undergo a resolution of the general meeting of a clan unless otherwise prescribed by the articles of association or other regulations. In holding the general meeting, it shall be reasonable to make every effort to determine the scope of all adult men and women among the descendants of the joint ancestor, and to give each person the opportunity to participate in the meeting and discussion and resolution by individually convening convening a convening notice to the extent that their whereabouts are clearly possible and their whereabouts are clearly known after residing in the Republic of Korea. It is reasonable to view that the resolution of the general meeting of a clan held without convening a convening notice

(2) In the instant case, the Plaintiff raised an objection.

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