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(영문) 전주지방법원남원지원 2019.10.16 2018가단10808
소유권이전등기
Text

1. On August 26, 2019, with respect to the Plaintiff’s share of 1/3 of each of the real estate listed in the separate sheet, Defendant B, and D, respectively.

Reasons

1. Judgment on the main defense of this case

A. The main point of the safety resistance E (hereinafter referred to as "existing clans") and the defendants distinguish the existing clans from the plaintiff, so the name of the clans is divided according to the defendants' assertion regardless of the identity of the clans) from the clans that set up the F15 years old damage "G."

On July 19, 2009, the previous clans elected B as representative with the consent of a majority of the members present at the inaugural general meeting.

The current representative H of the plaintiff (hereinafter referred to as the "Plaintiff clan") was elected at the general meeting of the clans where there is a defect in the convening process, which omitted a notice for convening some clans, without convening a legitimate representative B, and the lawsuit of this case also follows the resolution of the general meeting of the clans where there is a defect in the convening procedure as above.

In addition, even if the plaintiff clan held an inaugural general meeting on January 6, 2019 to elect the present representative H and ratified the institution of the lawsuit of this case, such a resolution is null and void because it is already null and void as it intends to invalidate the existing clan which had gone through the inaugural general meeting on July 19, 2009 and to establish a new clan again.

Therefore, the lawsuit of this case is unlawful since H, who is not the representative of the clan, filed without the resolution of the legitimate general meeting of clans.

B. Article 265 of the Civil Act concerning the preservation of collective property cannot be applied to the preservation of collective property. Barring special circumstances, barring special circumstances, a resolution of a general meeting of members pursuant to Article 276(1) of the Civil Act concerning the preservation of collective property. Thus, in a case where a clan, an association which is not a juristic person, files a lawsuit as an act of preserving collective property, it shall undergo a resolution of the general meeting of clans

In the past, the Supreme Court has defined a clan as a customary organization as a natural group of the clans comprised of adult male members among the descendants of the joint ancestor with the purpose of protecting the graves of the joint ancestor, conducting religious services, and promoting friendship among the members.

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