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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration of ownership transfer was completed on April 15, 1968 in the name of the Plaintiff clan in accordance with the Act on Special Measures, which was enforced on September 24, 1979 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant lands”).
B. On March 10, 2014, Defendant C’s representative of Defendant C’s clan (hereinafter “Defendant C’s clan”) filed a lawsuit against the Plaintiff’s clan seeking the implementation of the procedure for ownership transfer registration based on the termination of title trust with respect to each of the instant land as the head of Suwon District Court Branch Branch Decision 2014Gahap559, by indicating the representative as Defendant D’s representative.
On July 3, 2014, the first date for pleading, Defendant D, as the representative of the Plaintiff’s clan, had been settled between Defendant D and the Defendant’s clan, stating that “the Plaintiff’s clan shall implement the procedures for ownership transfer registration on each of the instant lands on March 18, 2014 (hereinafter referred to as “the instant reconciliation”) with respect to each of the instant lands as the result of the title trust termination.”
[Reasons for Recognition] Evidence No. 29, Evidence No. 9-3, the purport of the whole pleadings
2. The plaintiff's assertion is a clan, the members of which consist of adult men and women among the descendants of the five descendants of GJ, G C. H. I.
The defendant clan is the clan whose members are adult men and women among the descendants of J, who are eight descendants of the above H. H.
Defendant E, who was the representative of the Defendant clan, knew that Defendant D was not the representative of the Plaintiff clan, filed a lawsuit against Defendant D, indicating Defendant D as the representative of the Plaintiff clan, which filed a lawsuit against the Suwon District Court 2014Gahap559.
Defendant D, even though it is not the representative of the Plaintiff clan, had the settlement of this case on behalf of the Plaintiff clan.
Accordingly, from July 2014, the plaintiff clan suffered losses from failure to exercise the right to use and benefit from each of the land of this case from July 2014.
Therefore, the defendants jointly do so to the plaintiff clan.