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(영문) 부산지방법원 2018.05.30 2016가단344892
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on the defense prior to the merits

A. The Plaintiff’s assertion 1) as to the nature and substance of the Plaintiff’s organization, the Plaintiff asserted that, with respect to the nature and substance of the Plaintiff’s organization, the G, 69 years old, out of the 53 years old descendants F, is a joint declaration, and that, among the subsequent descendants, it is a middle of consisting of H village origin in Kimhae-si. The Defendant (Appointed Party) and the Defendant (hereinafter “Defendants”).

(2) The plaintiff's clans defense to the effect that the plaintiff's clans merely referred to as an organization that I et al. has no ability to join the clans, first of all, we examine whether the plaintiff's unique meaning is the clans. It does not require a special organization as a naturally created family group for the purpose of protecting the graves of the common ancestor, conducting religious services, and enhancing the friendship among the members of the clans. It is naturally a member of the common ancestor's descendants, and some of them cannot be arbitrarily excluded from their members. Thus, the part of the members of the common ancestor's clans residing within the specific area or an organization that only those of the specific clans residing within the specific area cannot be a clans and unique meaning (see Supreme Court Decision 2002Da4863, May 10, 200). In this case, even if the plaintiff's assertion is about the public health belt itself, the plaintiff's remaining members of the clans are 1 to 9 years old, and the plaintiff's remaining members of the clans themselves are included within 10 to 19 years old or younger.

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