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(영문) 대전고등법원 2016. 05. 11. 선고 2014나3663 판결
소외 종중이 허무인 종중으로 인정할 증거가 없음.[국승]
Case Number of the immediately preceding lawsuit

Daejeon District Court Daejeon District Court Decision 2012 Gohap730 (No. 24, 2014)

Title

There is no evidence that the non-party to the clan is a deceased clan.

Summary

Since there is no evidence that the non-party to the clan is a deceased clan, there is no reason to express his/her consent on the cancellation registration of transfer of ownership.

Cases

Daejeon High Court 2014Na3663 (Law No. 11, 2016)

Plaintiff and appellant

net interest;

Defendant, Appellant

Korea

Judgment of the first instance court

Daejeon District Court Decision 2012Gahap730 Decided September 24, 2014

Conclusion of Pleadings

2016.04.20

Imposition of Judgment

1, 2016.05

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The Plaintiff

1. Defendant Pap* implements the registration procedure for cancellation of the registration of the establishment of a new establishment of a new real estate register completed by the Daejeon District Court No. 24548 of Sep. 21, 1995 and the court No. 1049 of May 21, 1996, with respect to the real estate No. 2 and 4 listed in the [Attachment] List of Real Estate.

2. Defendant New* is implementing the procedure for registration of cancellation of the establishment registration of each existing establishment registration of real estate in the separate sheet No. 3080, Nov. 14, 1997, as to real estate No. 2,4,5, listed in the separate sheet of real estate;

3. Defendant Reference* Bank implements the procedure for registration of cancellation of the establishment registration of a neighboring mortgage, which was completed on May 9, 1997 by the court No. 11019, regarding real estate No. 4,5, listed in the annexed real estate list;

4. Defendant Kim** implements the procedure for registration of cancellation of ownership transfer registration completed on August 4, 2005 under the receipt of the same court No. 22040 with respect to 3/4 shares of 7/8 of the real estate listed in the real estate list listed in the separate sheet.

5. Defendant Incorporated Incorporated Company* followed the procedure for registration of cancellation of ownership transfer registration completed under No. 3059 on September 24, 2012 by the same court with respect to the shares of 2/5 in 4/5 of the real estate listed in the attached Table 4, 5 of the real estate list;

6. The defendant **** has expressed his intention to accept with respect to the registration of cancellation of ownership transfer registration listed in paragraph 4 above with respect to the seven real estate listed in the annexed real estate list.

Reasons

The reasoning of this court's explanation on this case is that the part of the first instance court's 17th 11th 17th son's decision "no evidence to acknowledge it exists," with the exception of adding "(On the other hand, the plaintiff filed a claim similar to this case on the ground that the non-party's non-party clan was a non-party clan 2013Kahap27, but the non-party's non-party clan was not admitted as a non-party clan's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's member's membership

Therefore, the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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