beta
(영문) 대전고등법원 2019.12.19 2019나13320

소유권이전등기

Text

1. The Plaintiff’s appeal against Defendant Republic of Korea and the appeal against Defendant F, G, H, I, J, K, L, and Y are all filed.

Reasons

1. The grounds alleged by the Plaintiff and Defendant F, etc. in each appeal filed by both the Plaintiff and Defendant F, etc. in the first instance trial, are not significantly different from the respective arguments by the Plaintiff and Defendant F, and the facts established and determined by the first instance court even if both the evidence submitted by the first instance court and this court are examined, are recognized as justifiable

Therefore, the reasoning for this Court concerning this case is as follows, since the reasoning for this Court is the same as the reasoning for the first instance judgment, except for the dismissal or addition of the part of the first instance judgment as follows. Therefore, it is acceptable to accept this as it is by the main text of Article 420 of the Civil Procedure

2. Parts 8 (Reasons for Recognition) plus "Evidence A 57, 58, 63 to 66" shall be added to the 8 pages.

Part 14 "A No. 7" in Part 3 of the 14 is raised as "B No. 7 and 8."

The 15th "4. Judgment on the merits (2): Not more than nine "Real Estate" shall be written by the following:

4. Judgment on the merits (2: real estate No. 9)

A. The Plaintiff’s assertion No. 9 is the land that the Plaintiff originally owned by the Plaintiff and transferred title trust to the network AT, and again, the mother of the network AT has title trusted in the name of net AV.

However, since the defendant Republic of Korea completed the registration of preservation of ownership over the above real estate, the defendant Republic of Korea has a duty to implement the registration procedure for cancellation of registration of preservation of ownership.

B. In order to recognize that certain land is owned by a clan, which is the property of a clan at the time of the situation, and was trusted to another person under the name of a clan, it can only be recognized only when there are many indirect materials that can only be recognized as belonging to a clan prior to the situation where a clan with a certain degree of organic organization exists and the process or content of the land is proved, or when there are many indirect materials that can only be recognized as belonging to a clan from before the situation in which it is delayed, or when there are various circumstances.