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(영문) 청주지방법원 2017.03.16 2015나12650
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The real estate stated in the purport of the claim (hereinafter “instant real estate”) was circumstances in the name of the State around 1917, and the Plaintiff acquired ownership by purchasing the State on March 7, 1929.

B. As the CL died on February 10, 193, CL was solely inherited by the deceased, and the ownership of the instant real estate was transferred to CM (the deceased on March 24, 1941) on February 15, 1937.

As of February 5, 1937, the ownership of the instant real estate was transferred from CM to eight other persons (hereinafter collectively referred to as “CN, etc.”), based on the sale certificate prepared between the network CM and CN, CO, CO, CP, CCP, Q Q Q, CTR, CTS, and CU, hereinafter referred to as “CN, etc.”) on February 5, 1937.

C. However, on February 1, 1999, the Plaintiff filed a lawsuit to confirm that the Plaintiff had ownership of the instant real estate against Nonparty DL et al., the heir of Cheongju District Court 99Ra1932, Cheongju District Court 99Da1932, but the Intervenor’s supplementary intervenor withdrawn the said lawsuit on January 21, 200, when the Defendants’ supplementary intervenor decided to preserve the clan property in response to the Plaintiff’s filing of the lawsuit on March 6, 1999.

The Defendants are successors of CN, etc.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6 through 27, Eul's 1, 2, 8, 12, Byung's 9, 13, 14, 14, and the purport of the whole pleadings

2. Determination on the legitimacy of participation in assistance

A. The summary of the plaintiff's assertion 1) The defendant's assistant intervenor filed an application for intervention with the resolution of the board of directors only in accordance with the rules of the clan, which was enacted without the resolution of the legitimate clan general meeting of the clans, as well as the application for intervention by the representative does not have been filed by the person who has the representative authority, and thus the application for intervention in the case

B. Judgment on the validity of the clan rules is 1) First, the rules of the defendants' assistant clans (hereinafter the defendants' assistant clans' bylaws).

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