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(영문) 대전지방법원천안지원 2014.07.02 2013가단103663
소유권이전등기
Text

1. The defendant is on the ground of sale on March 1, 1985 with respect to the share of 2/12 out of 3,678 square meters in Nam-gu, Dong-gu, Dong-gu, Chungcheongnam-gu.

Reasons

1. Determination on the defense prior to the merits

A. On March 1985, the Defendant’s defense asserted that the Plaintiff purchased the land of 3,678 square meters (hereinafter “instant land”) from the Defendant’s net F, Dong-gu E-gu, Chungcheongnam-gu, Seoul (hereinafter “instant land”) from the Defendant’s Defendant’s Defendant’s Defendant, and therefore, the Plaintiff was not a party to the instant land.

Therefore, the instant lawsuit is unlawful.

B. Determination as to the defense 1) Article 48 of the Civil Procedure Act recognizes the legal capacity of non-corporate body as a party to a non-corporate body as an association, not a legal entity, with the substance of an association, and where social activities or transactions are conducted through its representative or manager, disputes arising therefrom are to be settled by the organization as a party to a lawsuit in its own name. Thus, the term "association" refers to a group of many persons organized for a certain purpose, with an agreed body to externally represent an association, and any organization has the capacity to represent an association as a non-corporate body is determined as of the date of the closing of argument at a fact-finding court (see, e.g., Supreme Court Decision 97Da18547, Dec. 9, 197). 1) Recognition of whether the Plaintiff-Jor was the entity of the non-corporate body as a party to a lawsuit (see, e.g., Supreme Court Decision 97Da18547, Dec. 2, 197).

② The Plaintiff shall lend money based on the estimated rice sales fund and pay interest each year after making up the net F with the Chairperson as the Chairperson, and the net Q as the general manager, and then settle the accounts every year.

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