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(영문) 광주지방법원 2017.01.12 2016가합679
명의신탁해지에 인한 소유권이전등기 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. 1) The Defendants asserted that the lawsuit of this case brought by the Plaintiff, which was brought by the Plaintiff without capacity to be a non-corporate body, shall be dismissed, on the ground that the Plaintiff was merely a friendship group of some relatives, and did not have any substance as a non-corporate body. 2) A clan is a naturally created group of a clan with the aim of protecting the graves of a joint ancestor and promoting friendship among its members, which is composed of adult descendants among the descendants of a joint ancestor, and is established by death of the joint ancestor and his descendants, and no special organization is required for its establishment. However, in order to regulate its objective activities, there are cases prescribed by the regulations, and external activities are necessary to designate a representative at the time of its establishment, and therefore the use of a specific name and written clan rules are required to recognize the existence of a clan, or the representative of a clan is not required to be appointed continuously.

(see, e.g., Supreme Court Decision 2011Da91852, Oct. 31, 2013). In addition, if a clan has been engaged in continuous activities with an organization to the extent represented by the representative elected in accordance with the rules or customs of a clan, the organization as a non-corporate group is recognized, and the issue of whether a clan is capable of being a party as a non-corporate group is related to the litigation requirements and should be determined at the time of closing argument of the fact-finding court.

(see, e.g., Supreme Court Decision 2009Da95387, Mar. 25, 2010) In light of the aforementioned legal principles, the following documents were examined: (a) evidence Nos. 1, 4, 5-2, 6, 7, 9, 10, 13, 15-1, 3, 6 through 13, 16 through 18, 20, 21 evidence No. 21 (including a serial number if any; hereinafter the same shall apply).

The following circumstances, which can be recognized by the purport of each description, image, and the entire pleading, are ① the Plaintiff.

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