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(영문) 창원지방법원마산지원 2016.06.29 2015가단2853
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by G, the representative of the Plaintiff.

Reasons

1. First, we examine whether Nonparty G, who filed the instant lawsuit as the representative of the Plaintiff clan, has the power to represent.

A. A. Since a clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, it is reasonable to view that descendants who share the same clan with a common ancestor and a clan naturally become its members when they reach majority without distinction of gender, in light of the purpose and essence of the clan.

In addition, the general meeting of a clan shall, unless there are special circumstances, determine the scope of the members of the clan subject to notification for convocation by the clan, and give each person an opportunity to participate in the meeting, debate, and resolution of the general meeting of a clan held without notice for convocation to some members of the clan, by individually convening a notification for all members of the clan who are clearly residing in the Republic of Korea and who are able to notify

However, if the members of a clan regularly meet at a certain time once a year in accordance with the rules or practices of the clan and agree in advance to handle the church affairs of the clan, the resolution of the general meeting of the clan shall not be null and void on the ground that the notification of convocation or resolution has not been given separately.

(See Supreme Court Decision 2010Da20235 Decided August 19, 2010, etc.). B.

In light of the above legal principles, according to the statements in the Health Team, Gap Nos. 3, 4, 15, and 18, and the witness J's testimony and arguments as to the instant case, the plaintiff is a clan comprised of 13 years old M among the LC descendants set up by K as a Si group, and ② the records of the plaintiff clan on February 28, 2015.

1. 10. The general assembly (hereinafter “instant clan assembly”) is called the “instant clan assembly.”

(4) The general meeting minutes of the above clan (No. 4) shall be held by eight of the members of the entire clans, including

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