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(영문) 춘천지방법원 2016.07.15 2015나2885
소유권이전등기
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 first instance court.

Reasons

1. Facts of recognition and the grounds for this part of the claim by the parties are stated in this part of the reasoning of the judgment of the first instance;

2. It is identical to the statement of the parties, and therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is. 2. A clan, the unique meaning of which is to determine the legitimacy of the lawsuit of this case, is a naturally occurring family organization formed by descendants of the common ancestor for the purpose of protecting the graves of this case, conducting religious affairs, and promoting friendship among descendants and descendants, and even if there is no special organization, it is established by the death of the relevant vessel at the same time as the next hand. However, if the non-corporate group has the ability to act in civil procedure, it must have a specific organization and have the ability to act continuously (Article 52 of the Civil Procedure Act). Thus, even a clan, the unique meaning of the nature of the non-corporate group, which is naturally established, shall have the ability to act in accordance with the requirements of the non-corporate group, and it shall be determined based on the time of closing argument at the trial court (see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010).

According to its statement, the Plaintiff is a clan that is 24 years of age of MC N as its descendants, and is a clan member whose address is confirmed on June 17, 2015 and June 18, 2014, and a notification for convening an extraordinary general meeting was issued on June 28, 2014, and the Plaintiff may recognize the fact that 56 members were present at the extraordinary general meeting of MC N on May 28, 2015, and 134 members were elected as the president by submitting a letter of delegation and elected as the president, officers, changes in the articles of incorporation, management of clans, etc.

According to the above facts of recognition, it is true.

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