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(영문) 창원지방법원 2016.11.23 2015나7507

소유권이전등기말소 등

Text

1. Revocation of the first instance judgment.

Of each real estate listed in the separate sheet, Defendant F shall share 18/126.

Reasons

1. Basic facts

A. The plaintiff is a clan with the purpose of promoting the protection of graves, religious services, and friendship among family members, comprised of the descendants of 16 years old, KM L, and M is five descendants of L, and the defendant B, C, D, E, and the network N is M's descendants.

Defendant H is the husband of the network N, and Defendant I, J, and F are N’s children.

Attached Form

Family also refer to household. B.

Attached Form

On July 8, 1919, each real estate recorded in the list (hereinafter “each real estate of this case”) was considered in the name of M on July 8, 1919, and the ownership transfer registration was made in the name of O on the forest land register and land cadastre on February 10, 1922, and on November 11, 2010, each of the real estate of this case was completed on the 2/14 shares in the name of Defendant B, Defendant D, and 8/14 shares in each of the instant real estate in the name of Defendant C, Defendant D, and Defendant E (hereinafter “instant preservation registration”).

C. Of each of the instant real estate on November 11, 2010, Defendant G completed the registration of ownership transfer under Article 91 of the same Act as to the share of 1/14 in Defendant C’s name on November 11, 2010, by the Changwon District Court’s Office of Registry on November 11, 2010, as to the share of 10/14 in Defendant B and Defendant E’s name on the same date as the receipt of the same registry office, as to the share of 10/14 in the aggregate.

Defendant F completed the registration of ownership transfer on December 2, 2010 as the receipt of No. 18382 on December 2, 2010 with respect to the portion of 2/14 in the name of the network N among the instant real estate.

E. On May 2006, the Plaintiff documented the clan regulations, and around that time, the registration number for real estate registration was assigned by the head of the Si/Gun of the Si/Gun of the Si/Gun of the Si/Gu.

[Reasons for Recognition] Facts without dispute, Gap's entries and the purport of the whole pleadings, as well as Gap's evidence of Nos. 1, 2, 3, 6, 8, 10, 113, 114, 115

2. Determination on the defense prior to the merits

A. The Plaintiff’s assertion 1 of the Defendants filed the instant lawsuit and lawful general assembly convening and resolution procedures.