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(영문) 의정부지방법원 2015.08.21 2015가단101467
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the existence of the Plaintiff’s party capacity prior to the judgment on the existence of party capacity.

A. The Plaintiff asserts that the Dam D is a clan in the Si, and according to the overall purport of the evidence and arguments No. 2, the Plaintiff’s articles of association, which was enacted on March 8, 2014, provides that “The members of this clan clan shall be the members of this clan clan who registered as the Emph, and shall be the members of this clan clan, who completed the registration of this clan.”

A clan is naturally established without any need for an organization to be established, and it cannot be formed only by residents of a specific area or persons within a specific scope from among descendants of the joint ancestor, but only is members of a clan under the name of a clan or by the rules of a clan recently enacted.

Even if a person remains and works as an organization for the purpose of protecting the graves of the common ancestor and conducting religious services from the past, it shall be deemed that there is no difference from the original meaning of clans, notwithstanding the provisions on the qualifications of members under the recently enacted name or the rules of the Association.

(See Supreme Court Decision 92Da30153 delivered on December 11, 1992, etc.). The plaintiff's articles of incorporation limited the plaintiff's qualification as a member of the clan to a person who has completed the plaintiff's registration as a member of the clan. However, if the plaintiff has the substance of a clan, such as continuing to exist for the purpose of protecting the graves of the common ancestor and conducting activities for the purpose of religious services without limiting the qualification of the member of the clan from the past, the plaintiff's articles of incorporation shall be deemed to be a clan within its original meaning, notwithstanding the plaintiff's articles of incorporation. Since the plaintiff argued that he had been working as a clan without limiting the qualification of the member of the clan, regardless of whether it is registered or not,

(b) clans of unique meaning shall be the protection and removal of the graves of the common ancestor.

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