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(영문) 대구지방법원경주지원 2016.10.28 2015가합2836
소유권확인
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. The plaintiff's ground of claim

A. The Plaintiff is an organization similar to a clan, not a clan with a unique meaning, among those descendants of G (H) fixed at Friri-si in the descendants of the Ethms, who are descendants of the Ethms, and who are descendants of not more than L, but a clan with a unique meaning, which is not a clan. On December 25 or January 1 of each year, the Plaintiff opened the ordinary general meeting of shareholders on December 25 or January 1, and discussed the worship of the Eths, and has been engaged in the activities for the worship, the protection of graves, the protection of friendship.

B. The Plaintiff, including each real estate listed in the separate sheet (hereinafter “instant real estate”), owned and managed a large number of forests and fields and fields in the Ma-si, N-Eup, P-Myeon, and P-dong as property in the form of valuable property. The instant real estate is the land that the Plaintiff concluded a title trust agreement with Q, R, S, and T on November 1, 1917, and was managed as literary property under the circumstances under the name of the said members.

C. R and S died. The Defendants succeeded to the title trust relationship between R and S with respect to the instant real estate as the heir of R and S.

However, Defendant B forged the documents, such as a sales contract on each real estate listed in the separate sheet Nos. 3 and 4, and completed the registration of ownership transfer of real estate in its own name, and intended to dispose of them. The Defendants are not the Plaintiff’s ownership, but the ownership of the real estate in this case is not the Plaintiff’s personal ownership.

E. Therefore, in order to preserve and manage the instant real estate, the Plaintiff terminated the title trust agreement on the instant real estate through the delivery of a duplicate of the complaint to the Defendants, and sought confirmation on the fact that the instant real estate was owned by the Plaintiff.

2. Determination as to the defendants' defense prior to the merits

A. U.S.’s assertion of the Defendants’ representative is not a representative appointed through a legitimate resolution of the general meeting, and the Plaintiff does not have the power of representation. The Plaintiff does not adopt a legitimate resolution of the general meeting.

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