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(영문) 대법원 2016.12.01 2015다48658

소유권이전등기

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. In a case where the issue of title trust on a certain parcel of land between a clan and a clan member is disputed, if it is proved that a clan with an organic organization exists at the time the registration of the name titleholder was made in the future, and the following land has been proved directly by the process or content of the clan; the relationship between the name titleholder and the clan; if several registered titleholders exist, the relationship between them; the situation in which the establishment of a clan centering on the Si, the situation in which the graves were registered in the future; the number of graves and the memorials of the clan centering on the Si; the size and management status of the land; the receipt and disbursement relation of the proceeds of the land; the payment relation of taxes and public charges; and the possession relation of the registration certificate, if there is considerable data to be considered that the land is owned by the clan, the land shall be recognized as a title trust in the future as the ownership of the

According to the reasoning of the lower judgment on July 6, 200, the lower court: (a) based on its adopted evidence; (b) the Plaintiff was a clan grouped with BI (hereinafter “BI”); (c) the Plaintiff was a clan grouped with BI (hereinafter “BI”); and (d) the size of 4,684 square meters before AL during the Gyeonggi-si (hereinafter “instant land”) was 1913; (b) AM (BI 30 square meters) was the land in 1913; and (c) on May 7, 1953, the lower court was the registered titleholder of BI 32 years old; (d) AO, AP, AP, Q, AR, AK (AU); and (e) the registered titleholder of AS (hereinafter “AU”).

The fact that the restoration registration was completed on January 1, 1947 due to sale and purchase, and (3) Q died on March 18, 1957; (4) A Q died on October 20, 1959; (3) A Q Q’s death on October 20, 1959; and (4) AP shares of the instant land were inherited among the instant land by the Defendant, who died on July 1, 1993 and is a father of AW, due to the death of AW on July 1, 1993; and (4) AP shares of the instant land on October 201.