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(영문) 대전고등법원 2013.07.10 2012나1618
소유권확인
Text

1. Of the judgment of the first instance court, the defendant J, K, M,O, P, R, S, T, X, Y, Z, AAB, AD, AD, AF, AF, AH, AI, AM, Q, AR, ATR, ATS, ATS, AU, AV, and the AV.

Reasons

1. Determination on the defense prior to the merits

A. In the instant lawsuit seeking confirmation of ownership of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) against the Defendants, the heir of the Plaintiff, on the ground that the Plaintiff held title trust to six members of the clans, including BX, BY, BZ, CA, CB, andCC, part of the Defendants did not have the right to represent the Plaintiff, and the resolution of the legitimate general meeting regarding the filing of the lawsuit is inappropriate. In the instant lawsuit, the Plaintiff asserted that the BU delegated by the Plaintiff, the heir of the Plaintiff, ratified the instant lawsuit by legitimate convening a convening notice, but the CD still did not have a legitimate general meeting resolution since it is unclear as a person who is not a party to the instant lawsuit, and thus, the lawsuit of this case should be dismissed in an unlawful manner.

B. The representative of a clan shall be elected according to the regulations or general practices of the clan, but if not, the head of the clan or the head of the clan shall convene the clan from among the members of the clan and elect by the resolution of a majority of the members present, according to general customs, and if not, the head of the clan or the head of the clan shall not be appointed by the head of the clan nor shall the head of the clan be appointed by the head of the clan be notified to the members of the clan who are obvious that they have been residing in the Republic of Korea because they are the head of the clan or the head of the clan and shall notify the members of the general customs

The general meeting of a clan shall determine the scope of the members of the clan who are the subject of notification for convening a clan by identifying the location of the members of the clan and individually notify the members of the location of the clan who are clearly residing in Korea, unless there are special circumstances such as errors in the entry of the members of the clan, and the method of convening a notification for convening a clan shall be written.

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