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(영문) 대구지방법원영덕지원 2015.02.10 2013가단1674
소유권이전등기
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against the Defendant in Korea is dismissed.

2. The plaintiff, Ga.

Reasons

1. Determination on the legitimacy of the part of the claim against Defendant C among the instant lawsuit, and on Defendant C’s main defense of safety

A. We examine ex officio whether the part of the claim against Defendant Republic of Korea among the instant lawsuit is lawful, and the Plaintiff sought confirmation of whether the share of 1/2 of the third real estate owned L from the Defendant Republic of Korea. According to the evidence No. 12-1 of the evidence No. 12, L can be recognized as the death of November 11, 1923. Thus, the Plaintiff’s claim against Defendant Republic of Korea is seeking confirmation of the legal relationship of the deceased and there is no benefit in such confirmation.

B. Judgment 1 on the argument of Defendant C) The plaintiff is not an entity since some of the clan members of the original clan (a clan which is 16 years old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old

B) It cannot be known whether theO or P has been elected through a resolution of a legitimate general meeting at the general meeting of the members of the clan called by a legitimate person holding the convening authority of the clan. 2) The unique meaning of a clan is a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the relevant vessel and promoting friendship among his/her descendants, and even if there is no special organization, it is established by the death of the relevant vessel and the descendants at the same time. However, if the non-corporate group has the capacity to be a party in a civil lawsuit, it shall have a specific organization and have the ability to continue its activities at the same time (Article 52 of the Civil Procedure Act) and the representative is required to have the ability to be a party to the non-corporate group, and it shall be determined at the time of the closing of argument at the fact-finding court (see Supreme Court Decision 2009Da95387, Mar. 25, 2010).

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