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(영문) 광주지방법원 2017.06.01 2016나51787
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the case where the defendants consider the assertion that is emphasized or added by this court as stated in the "additional Judgment", and thus, it is cited by the main text of Article 4

2. Additional determination

A. Determination 1 on the defense of the previous draft of this case: (a) The judgment of the General Assembly of March 22, 2015, which was unlawful (the first argument of October 7, 2016) by the lack of the entity of the Plaintiff’s clans defense on March 22, 2015 (the first argument of October 7, 2016) is a naturally occurring organization formed by the descendants of the joint ancestor for the purpose of protecting the graves of the ancestor and promoting friendship among their descendants, which is established by the death of the ancestor and the descendants after the death of the ancestor; and (b) if the clan has been engaged in continuous activities with the organization to the extent represented by the representative elected in accordance with the rules or customs of the clan, the collective nature as a non-corporate group is recognized; and (c) the issue of whether the clan is a non-corporate group and has the capacity to stand a party is determined at the time of the conclusion of the arguments

(Supreme Court Decision 93Da27703 delivered on March 30, 1994). In full view of the overall purport of the statements in the evidence Nos. 5 and 6 (including the number of branch numbers; hereinafter the same shall apply) and the whole arguments, the Rules of the clan shall be established by the descendants of the “E” to gather in a AL cafeteria located in the Jeonnam-gun AK AK Gaon on March 22, 2015, elected officers such as the representative of the clan, the president (AM), vice-chairpersons, general affairs, operating members, etc., and the fact that the ownership of the land of the instant case trusted in title is transferred to the name of the clan can be acknowledged.

According to the above facts, it is reasonable to view that the plaintiff has an organization to the extent represented by the representative elected in accordance with the rules of a clan and has continued activities, such as filing the lawsuit of this case, etc., and that the organization as a non-corporate group is recognized.

The defendant's merits.

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