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(영문) 의정부지방법원 2016.02.17 2015나55596
소유권이전등기
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. Judgment on the plaintiff's party ability

A. The plaintiff asserts that the plaintiff is a clan formed with C's descendants as a joint ancestor group, and therefore, he will look at the plaintiff's party ability.

B. A clan is a naturally occurring group of the clans that are naturally created for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, and therefore a person aged 20 or older among the descendants of the common ancestor naturally becomes its members, so it does not require any special organization or require any sexual rules, but if the clans have descendants of the common ancestor automatically, it is not automatically established unless the clans are organized to the extent that they are represented by the representative elected in accordance with the rules or customs of the clans, and the members have continuously performed their activities for the above purpose, the clans of its unique meaning can be recognized only if they are equipped with an organization to the extent that they are represented by the representative elected in accordance with the rules or customs of the clans and have continuously performed their activities for the above purpose.

(See Supreme Court Decision 91Da16525 delivered on August 27, 1991, etc.). The following facts are as follows: (a) Each entry in the Evidence No. 2, 3, 5, 8, 9, 10, 14, 15, 16, 17, 19 through 26 (including each number, if any), testimony of witnesses of the first instance trial and witnesses of the first instance trial, inquiry into the witness’s testimony, and the overall purport of the arguments: (b) Subsequent descendants of D, who are descendants of C, belong to the branch of the family council composed of D, and have been appointed as the representative of D; (c) the Plaintiff enacted the articles of incorporation on March 8, 2014; (d) the Plaintiff failed to convene the general meeting of the Plaintiff on September 13, 2014; and (d) the Plaintiff did not separately convene the general meeting of the first instance trial; and (d) the Plaintiff did not have appointed the representative of K or been appointed within 14, 20.4.

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