(영문) 광주지방법원 2015.05.20 2014나13590

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(영문) 광주지방법원 2015.05.20 2014나13590

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a clan naturally formed by his descendants for the purpose of protecting the graves of the common ancestor and promoting friendship between his descendants and his descendants, and Defendant B is a member of the Plaintiff’s clan, who completed the registration of ownership transfer on April 11, 200 with respect to the forest land of this case where P graves are located, as a member of the Plaintiff.

B. From this court’s 201Gadan23601, which was brought against Defendant B, the FJ (“P”) confirmed that the forest land in the instant case was jointly owned property for the Plaintiff’s grave number and wing house. 2. On December 16, 201, the Defendant B notified the Defendant C of a decision in lieu of conciliation that “FJ waives the remainder of claims” (hereinafter “instant conciliation decision”) was finalized on December 7, 2012, as of the forest land in this case’s case’s 1/2 joint ownership.

C. Accordingly, on September 10, 2012, the registration of the instant forest was completed with respect to the Defendants as joint owners (each of the shares for the purpose) on September 10, 2012.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination as to Defendant B’s main defense

A. The instant lawsuit, which was filed with D as its representative, is unlawful, since the defense D does not have the right to represent the Plaintiff.

B. The representative of a clan of the relevant legal doctrine shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the door shall call up those who have attained majority among the members of the clan and elect them by a majority of the members present, and if there is no rules or practice regarding the appointment of the clan in the clan, the current head of the family or the head of the door shall be the head of the clan or the head of the door and reside in Korea.

유사 판례

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-대법원 1983. 7. 26. 선고 80다3106 판결

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