소유권이전등기
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
1. The plaintiffs asserted that they are descendants of the deceased M, who are supporting the increased portion of the plaintiffs, and Defendant H and I are children of the network N, and Defendant J and K are children of Defendant H.
Attached Form
Each land indicated in the list (hereinafter referred to as “each land of this case”) was owned by the plaintiffs from this point of time, and the real estate was assessed on December 15, 1917 by the deceased M.
On December 18, 1971, the net N died on April 11, 1990 following the completion of registration of preservation of ownership of each of the instant land.
Each land of this case is the real estate owned by a clan in which the graves of the plaintiffs and the defendants are installed.
After the death of the network N, the registration of ownership transfer will be completed on May 21, 1992 by consultation and division, instead of the name of the clan, the registration of the O land before the division (hereinafter referred to as the "O land") under the name of the defendant H.
However, Defendant H transferred ownership to Defendant I, J, and K on the ground of sale on May 6, 2004, when the P land was arbitrarily divided and transferred the ownership of P land under its name. However, Defendant H transferred ownership to Defendant I, J, and K on the ground of the sale on May 6, 2004.
In addition, Defendant H arbitrarily disposed of divided Q and R land, and acquired compensation for S and T land incorporated into the road.
As such, each land of this case was owned by a clan, which was composed of descendants who jointly set up the net M, under title trust with Defendant H, and Defendant H arbitrarily disposed of it without the consent of the clan.
Therefore, the plaintiffs seek to terminate the title trust agreement on behalf of the above clan and to have the defendants implement the registration procedure for ownership transfer in the clan.
2. Determination
A. In a creditor subrogation lawsuit, where the right of the creditor to be preserved by subrogation is not acknowledged as to the debtor, the creditor himself/herself becomes the plaintiff and becomes a party to the third debtor's right to exercise the debtor's right to the third debtor, and such subrogation lawsuit shall be dismissed as unlawful.
Supreme Court Decision 200