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(영문) 수원지방법원 2014.11.25 2014가단502434

소유권이전등기

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1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The registration of transfer of ownership was completed on September 15, 1969 with respect to the land of this case under the joint names (each share 1/2) of B and F around October 22, 1969 with respect to the land of this case, the wife population D 2,516 square meters (hereinafter “the instant land”) in Young-si, the land of this case owned by E, and the registration of transfer of ownership was completed on October 24, 1974 under the name of C with respect to F portion of the instant land around June 20, 208, there is no dispute between the parties.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is a clan of unique meaning, which is among the species G in the middle of the world, comprised of H 25 years old descendants as a joint ancestor. The Plaintiff purchased the instant land from E (one nameJ) and entrusted the title to Defendant B and F. However, on September 9, 2013, the Plaintiff terminated the title trust with the Defendants. As such, the Defendants are liable to implement the registration procedure for ownership transfer for each of the shares of 1/2 out of the instant land to the Plaintiff on the grounds of the termination of each title trust.

B. First, in relation to the plaintiff's character, a clan of its unique meaning does not require a special organization of a naturally created clan group consisting of members for the purpose of the number of graves of the common ancestor, the religious services, and the friendship among the members of the common ancestor, but a descendants who share the same family with the common ancestor and the family clan naturally become its members when they reach majority without distinction of gender. Thus, a clan of its unique meaning cannot limit the qualification of a clan member.

(see, e.g., Supreme Court Decision 2011Da61349, Nov. 24, 2011). Accordingly, an organization consisting of only some members of a clan residing in a specific area is merely a similar organization of clans and cannot be a clan of its unique meaning.

(see, e.g., Supreme Court Decision 2000Da16800, Apr. 12, 2002). Meanwhile, a clan similar organization has no particular difference from a clan, the purpose or function of which is unique.