logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.08.21 2015나11399
진정명의회복을원인으로한소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

The decision-making Plaintiffs regarding the legitimacy of the instant lawsuit are as follows: N, the assessment title of each real estate listed in the separate sheet (hereinafter “each of the instant lands”) is the Plaintiffs’ preference, and the real owners of each of the instant lands are succeeded in succession by the Plaintiffs. The Defendant, who does not have any substance as a clan, has completed the registration of ownership transfer under his name regarding each of the instant lands, and seek against the Defendant for the implementation of the procedure for the registration of ownership transfer based on the restoration of real name.

Matters concerning the existence of an organization's capacity to be a party is a matter of ex officio investigation by the court, and thus, the court should ex officio investigate the facts that form the premise for the determination of the party's capacity without being bound by the parties' arguments. However, in determining the party's capacity based on such facts, it is sufficient that the party's ability to be a party in a lawsuit is satisfied if an organization with the elements that define an organization as a social entity such as the objective, organization, and members of the organization is actually existing, and if an organization with such meaning exists, it is sufficient to dismiss the lawsuit as it is unlawful, unless it is so decided.

(see, e.g., Supreme Court Decision 94Da41249, Dec. 9, 1997). Meanwhile, if a non-corporate association has the ability to be a party in a civil lawsuit, it must have organization to a certain extent and be a representative (see, e.g., Supreme Court Decision 94Da41249, Dec. 9, 1997). Thus, even a clan with a unique meaning established naturally, its ability to be a party in compliance with the requirements of a non-corporate association is recognized, and it shall be determined at the time of the closing

(see, e.g., Supreme Court Decision 2011Da64607, Jan. 10, 2013). The Defendant is an adult who is his/her lineal descendant and capital descendant, who is a joint group of BB, who is 12 years of age or older.

arrow