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(영문) 청주지방법원 2016.07.14 2015가단6814
소유권이전등기
Text

1. The Defendant terminated the title trust on April 27, 2015, with respect to one-third share of 1/3 of the 4790 square meters in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoju-gu.

Reasons

1. Determination on the defense prior to the merits

A. The defendant's argument that the defendant's claim is to the purport that the claim of this case is unlawful, because the defendant is only the member of the D clan, and is not the member of the plaintiff's clan, even if the plaintiff's clan is not a member of the D clan.

B. Determination 1) A clan shall be a group of clans naturally created by the descendants of the original common ancestor with more than adult male as its members, which is established by their own descendants at the time of their death. It does not require any special organization for its establishment. However, there is only a case where the rules are established in order to regulate the activities for the protection of graves, the religious salvance, and the friendship among the members of the common ancestor, and it is only necessary to select a representative when performing external activities. It is not necessarily necessary to establish a specific name and a written clan rules or to continuously appoint the representative of the clan (see, e.g., Supreme Court Decisions 92Da18146, Dec. 11, 1992; 95Da16103, Nov. 14, 1995; 90Da161045, Oct. 4, 1997; 99Da36, etc., the name of the clans and its members of the common clan shall be determined by each of the following decisions of the clans:

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