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(영문) 창원지방법원 2015.04.08 2014나9223

소유권이전등기등

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's total costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a clan similar organization with the purpose of the religious profession and mutual friendship among the descendants of DES 24 years of age and BO, consisting of the descendants of DES 24 years of age and the members of BO, who have attained majority.

B. Jin-si BR (hereinafter omitted) 2,539 square meters of Jin-si BH forests and 2,539 square meters was Daz Emph 28 years of age and BV (a satisfaction compensation name: BW) was divided into 169 square meters before BH on December 14, 1961, BI forests and 4,426 square meters of BJ forests and 2,423 square meters before BJJ, and 1,375 square meters of BK forests and 1,375 square meters (hereinafter “each real estate of this case”).

C. Defendant B completed the registration of initial ownership relating to each of the instant real estate, and thereafter the process of division of each of the instant real estate is as listed below.

On or around December 26, 200, the date of registration of ownership preservation on the land on December 26, 200 and around December 18, 201, 201, BH on November 21, 2080, BI forest land of 4,426 square meters on June 4, 1981, BI forest of 3,735 square meters on June 4, 1981, BI forest of 2,466 square meters BX 269 square meters prior to BJJJ on April 21, 200, and of 2,413 square meters BJJ on April 21, 201, BJJJ 1,396 square meters prior to BY on December 4, 201, forest and forest of 1,201 square meters, BI forest of 3,735 square meters on June 1, 1981, forest of 197.

D. On May 29, 2002, Jinju completed each registration of transfer of ownership with respect to 10 square meters prior to BZ and 178 square meters of CA forest land, and Defendant B received compensation for losses from Jinju at the time of Jinju.

E. On June 13, 201, 201, Gyeongnam-do completed the registration of ownership transfer on the ground of an agreement on the acquisition of public land on June 10, 201 with respect to G forest land of 691 square meters, 1,017 square meters prior to H, 1,149 square meters, respectively, and Defendant B received totaling KRW 86,51,660 from Gyeongnam-do on June 10, 201.

F. On June 27, 2011, Defendant C completed the registration of transfer of ownership on the ground of sale on May 13, 201 with respect to the 3,735 square meters of BI forest land on May 13, 201, and the said real estate is divided into BI forest land 3,466 square meters (attached Form 2-1) and BX forest forest land 269 square meters (attached Form 2-2) around December 4, 2012, and then the said BX forest forest 269 square meters.