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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The plaintiff's conjunctive claim added by this court.
Reasons
1. Basic facts and the grounds for the court’s explanation concerning this part of the allegations by the parties are as stated in Articles 1 and 2 (No. 5, No. 7, and No. 7, No. 19 of the judgment of the court of first instance) of the reasoning of the judgment in the first instance, except for the following modifications, and therefore, they are cited in accordance with the main sentence of Article 420 of the
Part 6 of the judgment of the court of first instance is that “B shall die on March 18, 2015” in Part 10 is that “B shall die on February 18, 2015.”
As of the 7th judgment of the first instance court, “A co-defendant D of the first instance court died on April 17, 2018 while the litigation was pending in the first instance court, and Defendant BR, BS, and BT (an inheritance share of 1/3) took over the instant lawsuit as co-inheritors upon the Plaintiff’s application.”
Each “BG” in subparagraphs 9 through 11 of the 7th judgment of the first instance court shall be deemed to be “AM”.
2. Determination on a claim for ownership transfer registration following the termination of title trust (main claim)
A. 1) Determination as to the legitimacy of this part of the claim is based on the reasoning for this part of the court's determination as to whether the plaintiff's clan has a capacity to be a party. Thus, this part of the decision of the court of first instance is identical to that of the first to the first to the third to the third to the 9th of the judgment. 2) As to whether the lawsuit of this case was brought through a legitimate general assembly resolution, the provision of Article 265 of the Civil Act concerning the preservation of common property cannot be applied to the preservation of common property, and unless there are special circumstances, it shall undergo a resolution of the general meeting of members pursuant to Article 276 (1) of the Civil Act, barring special circumstances. Thus, it shall undergo a resolution of the general meeting of members in cases where a clan which is an unincorporated association files a lawsuit as a preservation of its common property (see, e.g., Supreme Court Decision 2009Da83650, Feb. 11, 2010).