beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The plaintiff is a clan that has the net AM as a common ancestor.
B. The real estate listed in the [Attachment 2] list was owned by AP, and the real estate listed in the [Attachment 3] list was owned by AP.
C. On August 18, 1971, the Plaintiff purchased the real estate listed in the [Attachment No. 2] No. 2 from AO, and the real estate listed in the [Attachment No. 3] No. 3 from AP on August 15, 1971, respectively.
However, the Plaintiff purchased each of the above real estate and did not register the transfer of ownership in the name of the Plaintiff, and registered each of the above real estate in the name of Do governor AS with respect to the real estate stated in No. 2 No. 3 of the above No. 5, in the name of Do governor AR.
AO died on March 24, 1991, and the AO was jointly inherited by Defendant I, J, and K, each of which was the ASEAN, in 1/3 shares.
E. AP died on May 10, 1976, and Defendant O, among co-inheritors, succeeded to the shares of 66/705, Defendant I, J, and K, respectively.
F. On June 3, 2017, the Plaintiff: (a) held a clan general meeting on June 3, 2017, elected Co-Defendant B of the first instance trial as the president who is the representative; and (b) ratified that the instant lawsuit
G. B died on July 12, 2018.
Accordingly, on October 20, 2018, the Plaintiff held a clan general meeting and elected AW as the president who is the representative.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's statements, 1 through 4, 6, 7, 12 through 15, 18 through 24, and the purport of the whole pleadings
2. Determination as to the defendants' main defense
A. In light of the fact that 12 of the 17 members from among the 17 members of a clan who submitted a letter of delegation to B to the general meeting of clans dated June 3, 2017 submitted a letter of delegation before May 22, 2017, the above clan meeting was not held actually but held by the general meeting of clans.
In addition, when the plaintiff holds a clan on June 3, 2017 and October 20, 2018, all members of the clan who can communicate with them.