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(영문) 서울고등법원 2016.06.16 2015나2058547
소유권이전등기 등
Text

A. The judgment of the first instance, including an exchange change in the trial and an additional claim, shall be amended as follows:

Reasons

Basic Facts

The plaintiff is a clan whose members are adults from among the descendants of I, who have developed a 19-year-old rice straw with GC's h's 19-year-old descendants, and J is a person who was a representative of the plaintiff as a clan member.

The J died on April 11, 201, and Defendant B is the spouse, Defendant C, D, E, and F of J.

The registration of ownership transfer with respect to each land of this case was divided into the land of this case with the area of 4,655 square meters on April 12, 1989, and the land of this case was divided into the area of 50 square meters in the area of 50 square meters on the land of this case. As of January 14, 1967, before the division, the registration of ownership transfer with respect to the above K's share (1/2) was completed under L's name as of November 19, 190 on the ground of the inheritance due to the agreement division as of November 19, 190.

The registration of ownership transfer in the name of AA was completed on September 29, 1971 by the entrustment of the Z's provisional disposition, and on October 30 of the same year by the owner of the land, the registration of ownership transfer was completed in the name of J, M, K, and N on December 8 of the same year, and on July 29, 1993, the registration of ownership transfer was completed in the name of L with respect to the shares of the above K (1/4) on November 19, 190.

On November 14, 1994, the plaintiff holds a clan general meeting and passed a resolution to elect J as representative in the presence of 19 members including the members of the clan who were members of the clan at the time. On November 24, 1994, the plaintiff was assigned the registration number of the clan as representative from the head of the Sungnam-si Branch Office of Justice on the 24th of the same month.

In February 8, 1998, the plaintiff was set up without the articles of association or the rules of a clan, which has been made by the court before February 8, 1998, to establish the articles of association in the presence of 32 members of a clan and to appoint J as its representative.

On November 4, 1999, the plaintiff filed with J, L, M, N,O, Q, the Dong Branch of the Seoul District Court with respect to 13 real estate including each of the instant land.

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