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(영문) 전주지방법원 2018.01.12 2016가단37831
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by F, expressed as the representative of the plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a clan that is the first time group of G 21 years of age H.

On September 15, 2016, the Plaintiff enacted the clan rules and appointed F as a representative, while engaging in a clan activity under the name of "I," "I," or "J," which is called a "A," which is called a "A," which is called the "I," or "J," of the Japanese colonial rule.

B. The Plaintiff registered each real estate listed in the separate sheet (hereinafter “instant real estate”) in the name of several clan members under title trust or in the name of “JJ”.

After the death of the trustee, the trustee’s property management becomes complicated, and the Plaintiff used the Act on Special Measures for the Registration, etc. of Ownership Transfer, etc. to register the ownership of the instant real estate in the name of the Defendants.

C. On September 15, 2016, the Plaintiff: (a) held a clan general meeting on September 15, 2016 to establish a clan; and (b) decided to delegate the same to the F who was appointed as the representative of a juristic act for the registration

(A) On September 2, 2017, the Plaintiff held an extraordinary general meeting and ratified the resolution of the general meeting on September 15, 2016. Meanwhile, as the Plaintiff’s complaint containing the Plaintiff’s declaration of intent to terminate the title trust with respect to the instant real estate was served on the Defendants, the Defendants are obliged to implement the procedure for the registration of ownership transfer based on the termination of the title trust with respect to the filing date of the complaint.

2. Judgment on the lawfulness of the lawsuit

A. The issue of the capacity of a party to the relevant legal doctrine belongs to the matter to be ex officio conducted by the court, so the court should investigate ex officio the facts that form the premise for the determination of the capacity of a party without being bound by the allegations of the parties. However, in determining the capacity of a party based on such facts, it is limited to whether an organization equipped with the elements that define the organization as a social entity, such as the purpose, organization, and members, of the organization, which the

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