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(영문) 전주지방법원 군산지원 2018.12.11 2018가단1723
부동산소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

Plaintiff’s assertion

Plaintiff

A clan is a clan that is jointly created by the Em set 16 years old descendants (hereinafter referred to as "the deceased"), and the defendant is a deceased's child and is a member of the above clan.

Before the death of the deceased, the deceased purchased a 3313 square meters of land D in Gunsan City (hereinafter “instant land”) together with G, C, and H, their children for the purpose of installing a grave of the deceased’s husband and wife and using it as a paper production. However, the title of ownership was the future of the Defendant.

The Deceased died on December 10, 198, and at the same time, the Plaintiff’s clan was established as a joint ancestor, and the Plaintiff’s title trust on the instant land, which is a clan property, shall be terminated by the delivery of a duplicate of the complaint.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff on the ground of termination of title trust.

Judgment

A clan of a unique meaning does not require a special organization or sexual rules, as a naturally occurring group of a clan, the purpose of which is to protect the graves of the common ancestor and to promote friendship among the members of the clan, but it does not necessarily require a special organization or sexual rules. However, if the clan is a naturally created group, only if the clan is naturally created group, it cannot be automatically established, but only if the clan has been organized to the extent that it is represented by the representative elected in accordance with the rules or customs of the clan and has continuously performed its activities for the above purpose, it can be recognized that the clan has its unique meaning only when the members have been organized to the extent that it is represented by the representative elected

(see, e.g., Supreme Court Decision 91Da16525, Aug. 27, 1991). If a clan does not exist, the lawsuit shall be deemed unlawful and dismissed.

(see, e.g., Supreme Court Decision 92Da15048, Sept. 22, 1992). In addition, it is unclear whether there was a general meeting held for the preparation or preparation of the bylaws (Evidence No. 3) submitted by the Plaintiff in this case.

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