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(영문) 대법원 2016.07.07 2013다76871
소유권이전등기절차이행
Text

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

Reasons

1. After recognizing the facts as indicated in its reasoning based on the adopted evidence, the lower court determined that the instant lawsuit was unlawful on the following grounds.

Since a clan different from a common ancestor is a separate entity that differs from its members, it is not permitted for the plaintiff clan to claim that the common ancestor is "26 years of age H" but to claim that the "29 years of age L" is "29 years of age" as it would result in the change of the parties.

On the other hand, the 29-year-old L, who was the descendants of the above H, was transferred to the adopted 28-year-old L, the descendants of the 26-year-old L, and in such a case, the members of the Plaintiff, the descendants of L, who were the descendants, cannot be the members of a clan with a unique meaning of clan H, which is the group grouped by the group group group.

Therefore, the plaintiff cannot be deemed to have lost a clan with 26 years of age H first asserted by the plaintiff as a joint ancestor, and therefore the plaintiff has no ability to be a party.

B. On July 14, 2013, the general assembly of the Plaintiff clan was held for ratification of procedural acts, such as filing a lawsuit with the Plaintiff as the Plaintiff’s representative. Some of the members including the Defendant and two lineal descendants, including the Defendant, sent a package mail to the Defendant’s domicile, etc. did not individually call notice for convocation as indicated in its reasoning.

This is not legitimate as a convening notice of a clan general meeting, so the above special meeting cannot be deemed to have been convened by legitimate convening procedures.

Therefore, C brought a lawsuit of this case on behalf of the plaintiff without a resolution of a legitimate clan general meeting.

2. First, we examine the plaintiff's ability to sue.

The court below determined that the plaintiff's assertion that the joint ancestor of the plaintiff clan is "29 years old L" brings about the change of the parties, and thus it is not permissible to permit the plaintiff's assertion about the character of the plaintiff's organization only as "a clan of the unique meaning that has made the 26 years old H as a joint ancestor," and denied the plaintiff's party's ability in

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