소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why this court should explain are the same as the part on the “1. Basic Facts” of the judgment of the court of first instance. Thus, this court’s reasoning is cited pursuant to the main text of Article 420 of the Civil Procedure Act. 2. The reasons why this court should explain are the same as the part on the “decision on the previous defense of the No. 2. 3” of the judgment of the court of first instance, thereby citing it as it is in accordance with the main text of Article
3. Judgment as to the main claim
A. 1) The Plaintiff’s assertion is a resident community consisting of residents living in Dong-gun, Young-gu, Chungcheongnam-gun, and thus seeking the implementation of the procedure for registration of ownership transfer based on the restoration of real name of each real estate of this case against the Defendant. 2) In a case where the residents living in Dong-ri’s administrative district form a community consisting of all the residents for the sake of common convenience and common welfare of the residents, and use the name of Dong-ri’s administrative district and owned a specific property on the public register, such community is a non-corporate association, and its property belongs to the joint ownership of Dong-ri’s residents, and a Dong-ri’s administrative district becomes an Eup/Myeon/Si’s administrative district under the Local Autonomy Act or the Act on Temporary Measures for Local Autonomy, and thus, the property owned by Dong-ri’s residents, which is the joint ownership, is not owned by Eup/Myeon/Gun.
In addition, if any forest land was under the name of Dong or Ri under the Forest Survey Order, such forest land shall not merely refer to the administrative district, unless there are special circumstances, but be an unincorporated association consisting of residents in the administrative district and using the same name as the administrative district, barring special circumstances.
Supreme Court Decisions 93Da173 delivered on February 8, 1994; 95Da3205 delivered on September 29, 1995