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(영문) 대구지방법원 2018.11.15 2017나9747

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan with the purpose of protecting graves, conducting religious services, and promoting friendship among the members of the clan by jointly setting DES 21-year-old descendants F.

B. On December 20, 1971, the registration of preservation of ownership was completed by H, I, and J as the receipt of the Ulsan District Court’s Ulsan District Court’s receipt of 5172 on December 20, 1971 with respect to the forest land G, 109,091 square meters (hereinafter “original forest”).

C. Of the original forest land of this case, the registration of transfer of shares in the name of K was completed as of August 28, 1984 by the receipt of the above registry office No. 5719 on August 12, 1984, and the registration of transfer of shares in the name of K was completed as of August 18, 199. The registration of transfer of shares in the name of L was completed as of January 13, 1999 by the receipt of the above registry office No. 385 on September 18, 1997. The registration of transfer of shares in the name of M was completed as of January 27, 1999 by the receipt of the above registry office No. 892 on January 27, 199.

On December 3, 2014, the forest land of this case was divided into 72,728 square meters (hereinafter “the forest land of this case”) in Seoul Special Metropolitan City, Ulsan-do.

E. On March 5, 2015, the registration of the transfer of shares of the Defendant (Appointed Party) and the designated parties (hereinafter collectively referred to as “Defendants”) as co-owners of shares of 1/21 shares, each of which was completed with respect to the portion of the instant forest land, under Article 2144 of the said registry office’s receipt of the said registry office as of January 7, 2013.

F. On March 5, 2015, the registration of transfer of shares, among the forest land of this case, to which the Defendants were co-owners of shares of 42 shares and J as co-owners of shares of 1/6 shares, was completed on the ground that the receipt of the above registry office on November 12, 2014, by the reason of a decision of adjustment as of November 5, 2014.

G. On December 9, 2015, the transfer registration of the Plaintiff’s clan was completed on December 9, 2015, as to the share of 1/2 of the J (i.e., the share of 1/6 of the previous 3/3) out of the forest land in the instant case (i.e., the share of 1/6).

H. On September 3, 2016, the Plaintiff clans below the extraordinary clan general meeting for the filing of the instant lawsuit.