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(영문) 대구지방법원 2019.12.06 2018가단136973
소유권이전등기
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 with a unique meaning formed for the purpose of protecting and presenting graves and promoting friendship among the members of the family by jointly setting Cmph 25 years old descendants D.

The Plaintiff trusted each real estate listed in the separate sheet, which is a fundamental property, (hereinafter “instant land”) in title trust to the network E, a son.

Since the Plaintiff, a heir of the network E, expressed his/her intention to terminate the title trust of the instant land by delivering a duplicate of the instant complaint to the Defendant, the Defendant is obligated to implement the registration procedure for ownership transfer based on the termination of the title trust agreement with respect to the said land.

2. The judgment on the defense of this safety is a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship between their descendants and descendants. The unique meaning of a clan does not require special organization activities or the rules of sexual intercourse. However, if the clan is a naturally created group, it does not automatically establish a clan, but only if the clan has been organized to the extent that its members have been represented by the representative elected in accordance with the rules or customs of the clan and continuously acted for the above purpose, the unique meaning of the clan can be recognized (see, e.g., Supreme Court Decision 91Da16525, Aug. 27, 191). Whether its unique meaning constitutes a clan should be determined by comprehensively taking into account the purpose of the clan, the circumstances surrounding the establishment of the clan, the scope of and qualifications for its members, and the contents of the rules of the clan, etc.

(See Supreme Court Decision 2001Da5296 Decided June 28, 2002). Regarding the instant case, the Health Center for the instant case (see Supreme Court Decision 2001Da5296, Jun. 28, 2002). ① Even according to the Plaintiff’s assertion, Cmph 27 descendants, immediately before the instant lawsuit was brought, establish a clan protocol without any separate contact with their children, and minutes.

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