(영문) 광주지방법원순천지원 2016.09.28 2016가단71567

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(영문) 광주지방법원순천지원 2016.09.28 2016가단71567

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The plaintiff clan is a clan formed for the purpose of protecting the graves of the common ancestor, conducting religious services, and managing the property of the clans with the members of the F descendants.

B. In the 1960s, the net G, which was the member of the Plaintiff clan, purchased the real estate stated in the purport of the claim (hereinafter “instant real estate”) and tried to use it as the services of the clan when it is necessary to set up a dry field farmer. G was entrusted with the management and cultivation of the instant real estate to large-scale deceased He, and it allowed the Plaintiff clan to do so, and H continued to manage the instant real estate in the 1970s. Since H and G died, H, a member of H, continued to manage the instant real estate, which was the Plaintiff clan.

C. However, I completed the registration of ownership transfer on November 29, 1979 with the fact that the instant real estate was not registered in the future for the descendants of the Plaintiff clan, and thereafter transferred the ownership due to the donation to Defendant C, Defendant B, and D, who was one of his descendants on May 28, 2008.

The plaintiff clan, who held the title trust of the real estate of this case to I, was aware of the fact that the plaintiff clan transferred the ownership of the real estate of this case to the defendants without the permission of the plaintiff clan, and was served with a duplicate of the complaint of this case, and terminated the title trust agreement with the defendants. Thus, the defendants are obliged to implement the procedure for the registration of ownership transfer for each co-ownership of the real estate of this case to the plaintiff

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

Since the property owned by a clan belongs to the collective ownership of members of the clan, the management and disposition of the clan shall first be governed by the regulations of the clan, if any, and otherwise shall be decided by the resolution of the general meeting of the clan unless the regulations of the clan

Supreme Court Decision 200Da22881 Delivered on October 27, 2000, etc.

유사 판례

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