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(영문) 창원지방법원 2018.04.19 2017나4960
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by G as the representative of the Plaintiff.

Reasons

1. The plaintiff's assertion is a clan consisting of descendants of JP 65 members of K. K.

On May 4, 1927, the Plaintiff trusted each of the instant forests to L, and completed the registration of ownership transfer. L died on November 9, 1955, and the Defendants, the inheritor, succeeded to the status of the trustee.

On February 13, 2017, the Plaintiff notified the Defendants that they would terminate the pertinent title trust agreement, and the said notification reached March 3, 2017 to the Defendants.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on March 3, 2017 with respect to each forest of this case to the Plaintiff on the grounds of termination of title trust.

2. Determination as to the legitimacy of the instant lawsuit

A. Where a clan, an association which is not a juristic person, does a lawsuit as preservation of its collective property, it shall undergo a resolution of the general meeting of the clan unless there are special circumstances.

(See Supreme Court Decision 2009Da83650 Decided February 11, 2010). In addition, the representative of a clan shall be appointed according to the rules or practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the Dong shall convene and elect an adult or higher person among the members of the clan, and if there is no such rules or practices regarding the appointment of a clan, it is general custom to notify the existing members of the clan who have become the head of the clan or the head of the door and have been residing in the Republic of Korea and to convene a clan general meeting, and to appoint the representative of the clan at the meeting, by notifying the members of the existing family and who have been residing in

(See Supreme Court Decision 2009Da26596 Decided December 9, 2010). For the validity of a resolution of a clan general meeting, a general meeting is required to be convened by a legitimate convening authority (see Supreme Court Decision 92Da34124, Nov. 27, 1992). A clan general meeting is required to determine the scope of the members of the clan subject to a notification for convening a family meeting, and it is possible to notify all the members of the clan who reside in the Republic of Korea after determining the scope of the members of the clan subject to a notification for convening a family meeting,

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