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(영문) 대구지방법원포항지원 2015.02.10 2014가단301091

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by H (I).

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on March 20, 1913 in the name of the deceased K on each real estate listed in the separate sheet (hereinafter “each land of this case”).

B. On August 22, 1990, with respect to the 103/103 portion of each of the instant lands, the preservation registration under the name of the deceased K on August 22, 1990, and the registration of ownership transfer was completed on the ground of donation in the name of the non-party L. On April 26, 2006, the registration of ownership transfer was completed on November 5, 2013 on the ground that the public land of the Korea Land and Housing Corporation was acquired through consultation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings

2. Determination on the legality of the instant lawsuit

A. As to the lawsuit of this case against the Defendants, the heir of the deceased K, on the ground that the registration of ownership preservation was completed in the name of the deceased K for the convenience of August 22, 1990 after the Plaintiff’s door, which is a similar organization to the Defendant’s main family of this case, was examined on March 20, 1913, and the Plaintiff’s door, which was the Defendant’s non-corporate clans, filed for the registration of ownership transfer on the ground of the registration of title transfer on the ground of the registration of title transfer under the name of the deceased K for the convenience of August 22, 1990, the Defendant did not have any substance as a non-corporate clan similar organization. In addition, in the event that the Plaintiff’s door, which was a non-corporate clans, files a lawsuit with the

B. In holding the 1 clan assembly, unless there are special circumstances, each of the members of the clan shall be given an opportunity to participate in the meeting, discussion, and resolution by individually informing all the members of the clan who are clearly residing in Korea after determining the scope of the members of the clan who are subject to notification for convening a meeting, etc., and their whereabouts are clearly known.