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(영문) 창원지방법원 2012.08.16 2011나2795
소유권말소등기 등
Text

1. The part of the judgment of the court of first instance against the defendant regarding the real estate listed in the annexed list 1 through 7 shall be revoked, and such cancellation shall be revoked;

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. Determination on this safety defense

A. The defendant (appointed party; hereinafter referred to as the "defendant") has no substance of the plaintiff's clan, and the plaintiff's clan has filed a lawsuit of this case against the defendant, etc. seeking cancellation of registration of ownership preservation and transfer of ownership in the name of the defendant, etc. by asserting that registration of ownership preservation and transfer of ownership in the name of the defendant for each of the real estate owned by the plaintiff's clan is invalid, and there was no legitimate resolution of the general assembly, and even if it was ratified by the general assembly after the defective resolution, the representative of the clan was elected at the general meeting of the clan held without a notification of partial clan and decided to ratification the lawsuit of this case. Thus,

B. Determination as to the substance of the plaintiff clan is a naturally created family organization formed by the descendants of the above clan for the purpose of protecting the graves of the deceased clan and promoting friendship between their descendants and descendants, and it does not require a special organization act or the rules of sexuality. The following circumstances acknowledged in full view of the evidence and the purport of the whole arguments, namely, ① the descendants of the plaintiff clan made up of X as the descendants of the deceased clan for the purpose of promoting friendship between the protection of the graves of the deceased clan and their descendants of the deceased clan and the descendants of the deceased clan; ② the family was formed for the purpose of promoting friendship among the descendants of the above X, ② the family members of the above X for the purpose of protecting the graves of the deceased clan and the descendants of the deceased clan; ② the family members of the plaintiff clan were all the descendants of the above X from the above X to the 5-year-old descendants, but the descendants of the deceased clan were 71 members of the plaintiff clan as of September 26, 1938; ③ the list of the real estate listed in the attached list 1 through 4, 194, each real estate.

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