Administrative Ri (Attorney Kim Jae-sung et al., Counsel for the plaintiff-appellant)

Defendant (Law Firm Asia, Attorneys Park Jong-soo et al., Counsel for the defendant-appellant)

July 21, 2006

Chuncheon District Court Decision 2003Kadan5893 Decided January 11, 2006

1. The defendant's appeal is dismissed.

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

1. Purport of claim

In the first place, the defendant takes the procedure for the registration of ownership transfer on the basis of the restoration of real name with respect to the land as a result of the completion of the prescriptive prescription on December 31, 200 (the original trial dismissed the main claim and accepted the conjunctive claim) against the plaintiff on the ground that the plaintiff did not appeal for the main claim.)

2. Purport of appeal

The part of the judgment below on the conjunctive claim is revoked, and the plaintiff's conjunctive claim is dismissed.

1. The reasoning for the court’s explanation concerning this case is as follows: A evidence No. 16-2 of the fourth second part of the judgment of the court below is added; and A. 18-2 of the judgment of the court below is added; except for the addition of the judgment on the Defendant’s new argument at the court below, the judgment on the Defendant’s new argument is as stated in the corresponding part of the judgment of the court below; therefore, it is acceptable

2. The defendant's new assertion and judgment in the trial

A. The defendant asserts that the lawsuit of this case is unlawful because the plaintiff is merely an administrative organization and the plaintiff has no authority to represent the plaintiff's own business in addition to administrative affairs. Thus, the plaintiff is not a non-corporate association, and the plaintiff is not a non-corporate association.

The plaintiff can become a party to a civil lawsuit if a non-corporate association or foundation is a representative or manager of a non-corporate association or foundation. Thus, if a natural village has its own own purpose with its father's own representative and is a social organization performing independent activities with its father's own representative, the decision-making institution and executive organ's ability to be a non-corporate group or to be a party's ability (see Supreme Court Decision 98Da33512 delivered on January 29, 199, etc.). In full view of the evidence No. 18-1, No. 2, and No. 19 written evidence No. 18-1, No. 18-2, and No. 19 written opinion, the plaintiff is a resident community composed of residents living in the Gangwon-do Gyeong-gun, which is composed of residents in the public administration division, and the plaintiff's own representative of the village and its representative of the non-corporate association are not able to recognize the fact that the plaintiff is a co-resident's own representative of the above co-government and its own property.

B. In addition, the defendant asserts that the land of this case cannot be transferred to the plaintiff because it constitutes farmland. However, according to the provisions of Article 8 (1) 3 of the Farmland Act and Article 7 subparagraph 1 of the Enforcement Decree of the same Act, where farmland is acquired due to the completion of prescription, the defendant can acquire farmland without obtaining the qualification certificate for acquisition of farmland. Thus, the defendant's above assertion cannot be accepted.

3. Conclusion

Therefore, the plaintiff's conjunctive claim of this case is accepted on the grounds of its reasoning, and the judgment of the court below is justified, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Jae-tae (Presiding Judge)