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(영문) 대구지방법원포항지원 2007.10.11 2006가합48
소유권이전등기등
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of the lawsuit are MN. The representative of the Plaintiff.

Reasons

1. Determination of this safety defense and ex officio litigation requirements

A. The plaintiff's main defense to safety (i) of this case is a clan with PPC 23 years old descendants as the entry of the plaintiff in the lawsuit of this case, and the defendant C is a 32,900,000 won in the amount owned by the plaintiff around February 98, and 51,530,950 won in the deposit withdrawal amount deposited by the plaintiff at the National Bank Ro, 150,000,000 out of the sale price of forest owned by the plaintiff, and 40,000,000 won in the provisional cancellation disposition amount received by the plaintiff from the above forest buyer, and it is not returned. The plaintiff's 1/2 of the shares in the list of forest land owned by the plaintiff (hereinafter "each forest of this case") and 200,000 won in the above list of forest land owned by the plaintiff and 300,000 won in the above list of property owned by the plaintiff and 1/200,000 won in the above list of trust Ga 26, 24, and 304, respectively.

The remaining Defendants, except Defendant B, asserted that the lawsuit of this case was unlawful since the plaintiff was filed by a non-representative of authority, as a clan that was created to account for each forest of this case and did not exist in its substance, and that the lawsuit filed by the chairperson M, who was not appointed by the resolution of a legitimate general assembly of clans.

Secondly, I first examine whether the remaining Defendants except Defendant B are capable of representing the Plaintiff and whether M are entitled to represent the Plaintiff on the basis of the main defense of safety and the official authority of the party members.

B. (i) The facts of recognition (PC 23 years old) around 1700.

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