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(영문) 청주지방법원 2018.06.21 2017가단102426
소유권이전등기
Text

1. The Defendant is on the ground of the termination of title trust on April 10, 2017, with respect to the Plaintiff’s 3021 square meters, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Reasons

1. Determination on the defense prior to the merits

A. Regarding the party ability, the plaintiff asserts that D. E. E. 28 years old descendants is a clan with a unique meaning established for the purpose of promoting the protection of the graves of the ancestor and the religious services and friendship among the members of the clan, the defendant asserts that the clan he belongs to is a common ancestor and that since D. E. E. E. E. 27 years old descendants (the 28 years old descendants 28 years old descendants) are put to the starting of the clan every year as a common ancestor, G is a common ancestor, and there is no independent clan that is 28 years old descendants as a common ancestor, and therefore the plaintiff cannot be viewed as a clan of its original meaning, and the plaintiff is not competent.

B. 1) Determination 1) A clan is a natural development group of the clans that originally consists of adult male members among the descendants of the common ancestor, and is established by their own descendants at the same time as the death of the ancestor. It does not require any special organization for its establishment. However, there are cases where the rules are established in order to regulate the activities for the protection of graves, the religious spons, and the friendship among the members of the common ancestor, and it is only necessary to appoint a representative when external activities are performed. It is not necessarily required to establish an organization, such as the use of a specific name and a written clan, or the continuous appointment of the representative of the clan (see, e.g., Supreme Court Decisions 92Da18146, Dec. 11, 1992; 95Da16103, Nov. 14, 1995; 2000Da4485, Oct. 14, 1997; and 300Da9694, Oct. 4, 1997, etc.

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