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(영문) 청주지방법원 2017.01.13 2016가단101044
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by F, expressed as the representative of the plaintiff.

Reasons

1. The Plaintiff’s assertion is a clan, the unique meaning of which was organized on December 20, 2015, and enacted a sexual clan protocol, which was made by gathering descendants from G 28 years old-old He in the middle of Si, in order to protect the funeral, maintain and manage the clans, and promote friendship among the members of the clans, and the Plaintiff has title trust each real estate listed in the separate sheet on March 27, 2008 with the Defendants. The Plaintiff terminated the above title trust with the delivery of a copy of the complaint of this case, and the Defendants are obligated to perform the registration procedure as stated in the purport of the claim.

2. Judgment on the main defense, etc.

A. The judgment of the party ability of the defendant C and E are defenses that the plaintiff's clan is not a member of the deceased clan, and therefore, the clan is a naturally created family organization formed by the descendants of the common ancestor for the purpose of protecting the graves of the deceased and promoting friendship among his descendants, which is formed by their descendants at the same time as the death of the deceased clan, and if the clan has been engaged in continuous activities to the extent that it is represented by the representative elected in accordance with the rules and customs of the clan, the organization as a non-corporate body is recognized, and the issue of whether the clan is a member of the non-corporate body and has the capacity to be a party as a non-corporate body shall be determined at the time of the closure of arguments at the trial court (see Supreme Court Decision 93Da27703, Sept. 30, 1994; subparagraph 4; subparagraph 10 or 4; the defendant's clan's clan's remaining clan's remaining 19,000,000 won and the majority's remaining 15,0 or more,019.1.1.1

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