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(영문) 수원지방법원 2013.02.07 2011가합11583
소유권이전등기절차이행
Text

1. The Plaintiff:

A. Defendant B, C, D, E, F, and G are listed in Appendix 1 List 1, respectively.

Reasons

With respect to the judgment of the plaintiff's clans as to the defense of this safety of the defendant B, C, and I, the above defendants' assertion that the defendant's clan does not have any substance, or the plaintiff's clan refers only to the plaintiff's clan, because part of the O and P's descendants among K 16 years old L, C, and N refer only to the plaintiff's clan, and the lawsuit of this case is unlawful.

Judgment

A clan of a unique meaning is a natural-generating relative organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor, promoting friendship among their descendants and enhancing their friendship, and is established by the death and loss of the ancestor at the same time. There is no limitation on the number of descendants.

(See Supreme Court Decision 96Da20567 delivered on August 23, 1996, etc.). Meanwhile, since matters concerning whether a clan or a similar organization of a clan has the ability to be a party are ex officio matters of the court, the court shall investigate ex officio the facts which form the premise for determining the party's ability, without being bound by the parties' arguments, and in determining the party's ability based on these facts, it shall be decided whether an entity with such elements as the purpose, organization, and members of a clan or an organization provided as a social entity has a capacity to be a party in a lawsuit, and if an organization of such meaning has lost it, it shall be decided to dismiss the lawsuit, unless it is so decided.

(see, e.g., Supreme Court Decisions 94Da41249, Dec. 9, 1997; 2010Da1166, Apr. 29, 2010). In full view of the health care unit, each entry of evidence Nos. 9 through 23, witness Q, and R’s testimony, the entire purport of the pleadings is as follows: (a) some of the descendants of KC 11 years of age in the real estate No. 11 list No. 1 of the annexed Table No. 1 (hereinafter “the forest of this case”); (b) some of them carried out the initial punishment and religious services for the instant grave located in the real estate No. 1 of the annexed Table No. 1 (hereinafter “the forest of this case”) and their children; and (c) the general assembly was held with a clan

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