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(영문) 청주지방법원 2016.08.18 2015가단101702
소유권이전등기
Text

1. The defendant D shall have 3/28 shares, the defendant E and F shall have 2/28 shares, and the defendant E and F shall have 2/28 shares, respectively.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant 1 and 2”), the registration of the Cheongju District Court on November 5, 1970 and the registration of transfer of ownership was completed in G, H, C (hereinafter “the deceased”), and I/4 shares in each of them as of August 31, 1981, as of August 31, 1981.

B. On February 12, 1998, the Deceased completed the registration of ownership transfer on January 30, 1998 with respect to the real estate listed in Paragraph (3) of the Attached List No. 3 (hereinafter “instant three land”). On November 29, 2013, the Deceased completed the registration of ownership transfer on the ground of donation. On November 29, 2013, the Deceased completed the registration of ownership transfer on the ground of sale (price of KRW 100 million) on November 8, 2013.

C. The Deceased died on March 3, 2016 during the instant trial, and Defendant D, Defendant E, and F, the inheritor of the Deceased, filed an application to resume the lawsuit on June 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, each entry of Eul evidence 8, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendants asserted that the plaintiffs are merely private organizations or clan similar organizations created by some clans for the purpose of instituting the case of this case, and therefore, they have no ability to do so.

B. Judgment 1) The legal principles of clans are naturally created by descendants of the common ancestor for the purpose of protecting the graves of their ancestor and promoting friendship between their descendants and their descendants, and are established by their descendants at the same time as the death of their ancestor, and if a clan has been engaged in continuous activities with its organization to the extent represented by the representative elected in accordance with the rules or customs of the clans, the organization as a non-corporate association is recognized, and the issue of whether a clan has the capacity to be a party as a non-corporate group is related to the legal requirements, and it shall be determined at the time of the closing of argument in the fact-finding court (see, e.g., Supreme Court Decision 93Da2703, Sept. 30, 1994).

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