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(영문) 대구지방법원 2018.10.19 2016가단132465
소유권이전등기말소등기등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is a clan that made D's 22 years of age E's 22 years of age as the pilot of D', and acquired ownership of the real estate of this case on June 2, 1970.

On October 24, 2016, the Defendant, which is the cause of the Plaintiff’s clan, appointed the Plaintiff’s representative as G, together with his religious G, Ba H, children I, J, and K, and arbitrarily prepared the minutes containing a resolution to donate the instant real estate to the Defendant; on October 27, 2016, the Plaintiff and the Defendant drafted a gift agreement on the said real estate; and on November 2, 2016, the registration of ownership transfer on the said land was completed based on the above minutes and the gift agreement.

As above, the registration of transfer of ownership in the name of the defendant, which the defendant prepared and completed the minutes and a donation contract without following the legitimate procedures, such as convening a general meeting according to the plaintiff's rules, shall

2. Determination on this safety defense

A. Defendant’s assertion 1) The Plaintiff did not have any substance as a clan unique to its own meaning, and therefore has no capacity to be concerned. 2) The resolution of the clan General Meeting on September 8, 2018, which appointed L as the representative of the Plaintiff, has no effect due to the defect in the convening procedure, and thus is defective.

(b) A clan within its unique meaning of determining the capacity of a party is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor, protecting the remains of the ancestor and promoting friendship among descendants, and is established by losses at the same time as the death of the ancestor, even if there is no special organization.

However, if a non-corporate body has the ability to be a party in civil procedure, it must have organization to a certain extent and be a representative (Article 52 of the Civil Procedure Act). Therefore, even a clan with an unique meaning established naturally, it shall be recognized as a party ability to satisfy the requirements of a non-corporate body. This is related to the requirements for litigation.

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