(영문) 전주지방법원 2018.06.28 2017가합2310

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(영문) 전주지방법원 2018.06.28 2017가합2310

소유권방해배제 등 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff clan was changed from the clan clan to the clan on April 28, 2008, which was changed from the clan to the clan on September 5, 2013, to the clan which was the current name of H on September 5, 2013.

B. Defendant D’s clan (hereinafter “Defendant D’s clan”) is a joint group of L, which is 13 years of age of H H H, while M’s clan (hereinafter “M’s clan”) is a joint group of N, which is 14 years of age of H I’s 14 members.

C. On April 7, 1975, the registration of transfer of ownership was completed in the name of the defendant clan on the land listed in Paragraph (1) in the annexed sheet (hereinafter “instant land”) and the land listed in Paragraph (2) in the annexed sheet (hereinafter “instant land”). The registration of transfer of ownership was completed in the name of the defendant clan on March 31, 1975 with respect to the land listed in Paragraph (2) in the annexed sheet (hereinafter “instant land”).

The rules of the Plaintiff’s clan amended on September 5, 2013 are as follows:

Article 1 This clan refers to A clan.

Article 3. All the duties of clans shall be assigned to the clans and P.

Provided, That the scope of the meeting may be increased or decreased as a resolution of the general meeting.

Article 6 The assets of this clan shall be as follows:

1.In principle, the real estate and movable property belonging to each clan under the jurisdiction of the clan 2. Proceeds from the business of clan 3. Proceeds from the business of clan 7 shall be classified into the fundamental property and ordinary property, and the fundamental property shall not be consumed by the original.

Article 8 In principle, ownership and management rights of basic property shall work in this clan, but when it is inevitable to lend or commission the management of real estate under the circumstances of the management of real estate, a contract shall be concluded with fixing the contract period for the act of donation.

Article 11 Members of the clan shall be lineal descendants of the clan of Article 3 and shall have the duty to be faithful to this clan as descendants of the J, and shall have the duty to be faithful to this clan.

The General Assembly of Article 16 is limited to three representatives appointed and dispatched as a resolution of the relevant clan from among the members of each clan of J five years of age.

유사 판례

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-서울중앙지방법원 2015.11.27 2015나3319

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