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(영문) 대법원 2015.08.27 2015다207365
소유권이전등기
Text

The judgment of the court below is reversed, and the case is remanded to the District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In a case where a non-corporate group similar to a clan does not necessarily establish an organization only when opening a general meeting to establish a culture of sex and establishing a system of organization for the cultivation of a system of organization, but in a case where the formation of a common property and continuously engaged in social activities centered on a person leading the work to achieve the common purpose, it shall be deemed that the entity as an organization exists from that time.

(2) On March 12, 1996, the Plaintiff, an organization similar to a clan that was owned by the Plaintiff from around 625 to around 2010Da1166, Apr. 29, 201, etc.). 2. The lower court rejected the Plaintiff’s claim that the Plaintiff owned the Plaintiff’s land of this case as an organization similar to a clan from around 2011, which was owned by the Plaintiff as an organization owned by the Plaintiff for the same purpose as an organization owned by the Plaintiff for the first time, on the grounds that: (a) the Plaintiff, as an organization for the first time in 2011, prescribed the rules on the qualifications of members to be “the descendants of R (O) residing in the Japanese War of the 625 World War; and (b) the Plaintiff, as an organization for the first time in 2011, has not been held as an organization for the first time in possession of the Plaintiff’s land as an organization for the first time in 16th century.

3. However, we cannot accept the judgment of the court below for the following reasons.

The judgment below

According to the reasoning and the record, including the evidence duly admitted, the following facts are revealed.

(1) The Plaintiff.

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