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(영문) 서울고등법원(춘천) 2017.06.28 2016나2142
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the defendant's supplementary or supplementary determination as to the part concerning which the defendant contests as the grounds for appeal as follows. Thus, it shall be cited as it is by the main sentence of Article 420

2. Additional and supplementary judgments

A. The Defendants asserts that the Plaintiff is a clan, even in the trial, that the Plaintiff has no capacity to maintain the substance of a clan.

According to the statement in Gap evidence No. 3, the plaintiff's articles of incorporation provide that "the qualification of members shall be approved by the representative after obtaining the resolution of the general meeting as a male who is the next male of the same clan" (Article 2 and Article 6). However, considering the whole purport of the arguments in part of Gap's reply to the witness of the court of first instance, Eul's testimony, and inquiry into the fact that the descendants made the 27 years old-old group of M Sin's N as a joint vessel of the 27 years old-old group since the 1970s and managed the real estate belonging to the clan property, it is also recognized that the descendants made the 1970s and carried out the activities such as the friendship between the spists and the clan members while managing the real estate belonging to the clan property, and that they elected the president and the general members of the clan through the general meeting of the clan through the general meeting of the clan.

On the other hand, a clan within its unique meaning is a naturally occurring family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship between their descendants and descendants, and is established by the death of the ancestor and the descendants of the clan at the same time. If a clan has been organized to the extent that it is represented by the representative elected in accordance with the rules or customs of the clan and is engaged in continuous activities, it shall be recognized as an organization as a non-corporate group (see, e.g., Supreme Court Decision 2011Da64607, Jan. 10, 2013). Accordingly, in light of the above legal principles, it shall be viewed as an organization as a non-corporate group.

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