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(영문) 서울고등법원 2014.10.29 2014나2007351
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendants are listed in the separate sheet among each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The Defendants of this case’s defense did not have the capacity to institute the instant lawsuit, and even if they were unable to do so, M did not have the capacity to represent the Plaintiff, and filed the instant lawsuit without going through a resolution of a clan general meeting, and therefore, the instant lawsuit is unlawful.

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship between descendants and the descendants of the common ancestor, and is established by their descendants at the same time as the death of the same clan, and if the clan has been engaged in continuous activities with its organization to the extent represented by the representative elected in accordance with the rules or customs of the clan, the organization as a non-corporate association is recognized, and the issue of whether the clan has the ability to stand as a non-corporate group is related to the litigation requirements, and it shall be determined at the time of the closing of argument in the fact-finding court.

(2) The plaintiff's testimony of the witness L of the court of first instance consists of 122 years old descendants, and there is about 50 descendants of the J in the forest listed in paragraph (3) of the attached Table (hereinafter "the forest of this case"), and the plaintiff manages each real estate listed in the attached Table (hereinafter "each real estate of this case") after his son's death, U.S. and U.S.'s son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's Professor's 10 years old Professor's Professor's Professor's Professor's 10 years old Professor's Professor's 19.

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