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(영문) 대구지방법원 2017.02.07 2015가단35901
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. The defendant asserts that the plaintiff is an organization in the shape of a clan for the purpose of bringing the case of this case, which is composed of descendants of CC 26 years of age D, and has no substance of a clan, and therefore has no ability to do so.

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship between their descendants and descendants, and is established by their descendants at the same time as the death of the same clan, and if the clan has been engaged in continuous activities with its organization to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate group is recognized. On the other hand, the issue of whether the clan has capacity as a non-corporate group is about the requirements for litigation, and it shall be determined at the time of closing argument of the fact-finding court.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010). Considering the following circumstances, i.e., the Plaintiff’s clan rules exist, i.e., the Plaintiff’s purpose is to preserve, manage, and promote friendship among the members of the clan by taking into account: (a) the Plaintiff’s clan rules are as follows; (b) the Plaintiff has been granted registration number for the registration of real estate under the Registration of Real Estate Act; (c) the Plaintiff’s clans are confirmed to a certain extent; and (d) the Plaintiff appears to have been engaged in continuous activities as a member of the clans after the Plaintiff was comprised of C26 clans.

As such, the party ability can be recognized.

Therefore, the defendant's main defense is without merit.

(b) the filing procedure;

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