소유권이전등기
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the main claim are dismissed.
2. The defendant (Counterclaim) raises an objection.
The judgment of the court of first instance is justifiable even after examining the records in mind of the defendants' grounds for appeal in regard to the acceptance of the judgment of the court of first instance (as to the main claim).
This court cites the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
However, the judgment below is added to the defendants' arguments on the circumstances which deny the existence of title trust, which the defendants emphasized in particular in this court and repeated.
In light of the following facts and circumstances, as to the assertion that the Plaintiff did not make efforts to liquidate the title trust relationship in the past, the Plaintiff did not feel the need to liquidate the title trust relationship because the net G, net H, network I, and their inheritors did not dispute about the ownership of the instant real estate in a clan, in light of the following facts and circumstances, etc., which can be acknowledged as the whole purport of the argument in the statement in No. 24-1 through No. 4 of the evidence No. 24.
Rather, the Plaintiff seems to have made efforts to terminate a title trust agreement and recover the clan property before raising an objection to the ownership relationship of the instant real estate by the deceased I.
We cannot accept this part of the Defendants’ assertion.
When the title trustee of the real estate of this case lives, the real estate of this case seems to have been managed according to the meaning of clans.
Even after the death of the title trustee, the children of the deceased G and the deceased H have not been disputing the fact that the real estate of this case is owned by the clan.
On December 19, 2010, at the general meeting of the clans, Defendant D, the deceased I’s children, was appointed as a clan representative who implements the procedures for ownership transfer registration following the termination of the title trust agreement with respect to the instant real estate, and Defendant E, the other children of the deceased I, was present at the general meeting.
The real estate of this case is a clan even until the time of the above general assembly.