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(영문) 대구지방법원 2015.08.21 2015나388
부동산소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion is a clan of which the non-party EC F, the 30 grandchildren, is a joint ancestor, and the defendant is a member of the plaintiff's clan.

The Plaintiff was under title trust with F, under the circumstances of the title trust of 19,835 square meters of the Gu-U.S. D Forest (hereinafter “instant forest”). After F’s death, the inheritance registration was completed in the name of the Defendant following H, I, etc.

After that, 19,34m2 among the forest land in this case was expropriated as a project site for the creation of the J Industrial Complex implemented by the Korea Water Resources Corporation.

Therefore, the Plaintiff’s delivery of a duplicate of the instant complaint terminated a title trust agreement on the remainder of 501 square meters among the forest land of this case. Therefore, the Defendant is obligated to implement the procedures for the registration of ownership transfer with respect to 501 square meters among the forest land

2. Judgment on the Defendant’s main defense

A. C, expressed as the representative of the Defendant’s assertion, is not an appointment through a legitimate general meeting resolution, and thus has no authority to represent the Plaintiff.

Therefore, the instant lawsuit filed with C as the representative of the Plaintiff is unlawful.

B. The representative of the clan 1 shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the door shall convene and elect persons of age or older among the members of the clan, and if not, the head of the clan shall not be appointed by the head of the clan or the head of the door, and shall notify the members of the existing family and the members of the clan who are clearly residing in Korea and shall convene the general meeting and appoint the representative of the clan at that meeting, unless there is no rules or practices regarding the appointment of the head of the clan or the head of the door, and the members of the existing family shall be notified of the head of the clan or the head of the door, and it is common customs to appoint the representative of the clan at that meeting. Although the members need to select their representative regarding the management or disposition of the clan property

In addition, it is held to appoint a representative.

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