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(영문) 대법원 2015.08.27 2012다7977
부동산소유권이전등기말소등기
Text

The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. As to the main claim

A. The nature of a natural village is formed for a certain purpose, such as holding a meeting to elect a representative and making a decision by holding it in accordance with the customary practices, and has the substance of a non-corporate group provided for in Article 48 of the Civil Procedure Act, if it is organized for a specific purpose, such as holding a meeting to elect a representative, making a decision-making, etc., by making the natural village as its members and holding the forest and fields as its proprietary property.

I would like to say.

(See Supreme Court Decision 78Da2364 delivered on January 15, 1980). B.

The court below determined as follows: (a) according to the evidence of the court below, it can be recognized that the DaC was incorporated into ten Ris including the DoB on 1914, and the basic administrative district was separated and integrated several occasions, and during which the Dob formation was formed, which is a natural village; (b) it is difficult to clearly determine the scope of residents at the time of around 1921; (c) there is no data to recognize that the scope of residents at the time of Dobs and the scope of the plaintiff's members is identical; and (d) it cannot be deemed that there was a general assembly, representative, and agreement, which is a decision-making body, and it cannot be said that the plaintiff had the substance of an unincorporated association; and (d) the evidence of the judgment alone is insufficient to recognize the fact that the plaintiff received a donation of the forest of this case on May 6, 1921 from the title of the instant

C. However, the lower court’s determination is difficult to accept for the following reasons.

According to the records, ① DaC, including DB, in which the Plaintiff was located, was organized into 10 Ris (Ris) including DB on 1914, and was divided into 17 Ris (Ris) on 1957, and the basic administrative districts were integrated several occasions. The Plaintiff is divided into the said DF as a natural village comprised of residents living in the above DBP, which is divided into a river, and from the past, similar affairs are controlled.

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