소유권이전등기말소 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
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 of age of KM L, and M is four years of age of L, and the defendant B, C, D, E, and net N are M's descendants.
Defendant H is the husband of the network N, and Defendant I, J, and F are N's children.
B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was determined in the name of M on July 8, 1919. On February 10, 1922, the ownership transfer registration was completed in the name of O on the forest land register and land cadastre on February 10, 1922. On November 11, 2010, each of the instant real estate, 2/14 shares in the name of Defendant B, Defendant D, and 8/14 shares in each of the instant real estate, the ownership registration was completed in the name of Defendant C, Defendant D, and Defendant E.
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 registry office as to the share of 1/14 in Defendant C’s name on November 11, 2010 as the receipt of No. 17258 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 1/14 in Defendant D’s name among the instant real estate.
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.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 8, and 10, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. 1) The Plaintiff filed the instant lawsuit and went through lawful general assembly convening and resolution procedures. Thus, the instant lawsuit is unlawful. 2) The Plaintiff filed a lawsuit on the same subject matter as the instant lawsuit for the same reason and rendered a dismissal judgment at the first instance court, but the appellate court deliberated and determined on the cause of the claim, and the Plaintiff’s claim is recognized.