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(영문) 대법원 2016.11.10 2016다231525
소유권말소등기
Text

The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.

Reasons

The grounds of appeal are examined.

1. A clan within its unique meaning is a relative organization formed for the purpose of protecting the graves of a vessel, conducting religious services, promoting friendship, promoting friendship, etc. consisting of all adult male and female members from among the descendants of the joint ancestor, and the legal status of a resident in a specific region or a similar organization consisting of descendants only of a specific region and the composition of an organization is different;

(See Supreme Court Decision 2002Da4863 Delivered on May 10, 2002, etc.). In a case where a clan and its members are published, a family clan is created and distributed on the basis of the time table of a clan in order for a clan to clarify the scope of its members, a family clan or its members to record and distribute the whole descendants, his/her spouse, his/her personal history, etc. based on the time table of a clan to clarify the scope of its members, and the family clan erroneously recorded the family clan.

Unless there are extenuating circumstances that are deemed to have been or was fabricated, the content of the family register on the blood transfusion is in accordance with the empirical rule to believe it (see, e.g., Supreme Court Order 2000S2, Jul. 4, 2000; Supreme Court Decision 2009Da45740, Oct. 29, 2009). 2. For the following reasons, the lower court rejected the Defendant’s defense on the following grounds: (i) the Defendant’s principal safety defense, namely, ① the Plaintiff’s failure to have a unique meaning as a clan consisting of some descendants of the common fishing boats K; and (ii) the Plaintiff’s resolution of the clan general meeting for filing a lawsuit was made without undergoing lawful convening procedures; and thus, (iii) rejected the instant lawsuit as unlawful.

The plaintiff is a clan with a unique meaning that the J 12-year-old K as a joint vessel and all descendants are members.

K had AB, AC, and AD, but only K, AB, and D for the AE case, and only the descendants of AC remain.

The plaintiff is an organization consisting of all descendants from K to AC, and it cannot be deemed a clan similar organization consisting of only the members who reside in a specific area, excluding other descendants, or only the members who reside in a specific area.

(b).

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