Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 28, 1937, net C and D completed the registration of ownership transfer based on sale and purchase conducted on December 22, 1937 with respect to each one-half portion of the instant land.
B. On December 6, 1991, the network E, a child of the network C, completed the registration of the transfer of shares based on the family inheritance on December 29, 1959 with respect to one-half shares of the above network C, and the Defendant, a child of the network E, completed the registration of the transfer of shares based on the same date donation as to the above one-half shares on the same day.
[Ground of recognition] Unsatisfy, Gap 2 and 3 evidence
2. Summary of the parties’ assertion
A. The Plaintiff is a clan comprised of descendants F.F. (26 years of age) among the descendants of 25 years of age from among the following descendants of Jin-Jin Spirits, and purchased the instant land and held title trust with C and D around 1937.
Plaintiff
A clan held a general meeting on February 21, 2014 and resolved to terminate the title trust and to file a lawsuit in this case, and accordingly, the clans seek implementation of the registration procedure for ownership transfer based on the termination of title trust on the date of delivery of a copy of the complaint in this case to the Defendant who succeeded to the status of the title trustee from the deceased E, the heir
B. The Defendant’s husband, the Defendant’s husband, purchased 1/2 shares out of the land of this case, and the Defendant received the above shares from the deceased E, the heir of the deceased C, and thus, the Plaintiff clan is not the owner of the land of this case.
3. We examine, ex officio, whether the instant lawsuit is lawful or not.
The provisions of Article 265 of the Civil Act concerning the preservation of property jointly owned cannot be applied to the preservation of property jointly owned. Barring special circumstances, a resolution of the general meeting of members pursuant to the provisions of Article 276 (1) of the Civil Act. Thus, even where a clan which is not a juristic person files a lawsuit as an act of preserving the property jointly owned by it, it shall undergo a resolution of the general
On the other hand, in holding a clan general meeting, special circumstances exist.