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(영문) 청주지방법원 2013.08.29 2012가단5384

소유권이전등기말소 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff's assertion that the plaintiff originally owned the real estate of this case under title trust with D and completed the registration of ownership preservation under D's name. D deceased, the defendant, his child, completed the registration of ownership transfer based on inheritance. The defendant, who succeeded to the status of the title trustee, is obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to the real estate of this case.

B. In order to recognize that a land is owned by a clan and was trusted to another person under the name of the clan at the time of the circumstance, it can be recognized only when there are many indirect materials which can only be acknowledged as owned by a clan prior to the circumstance that there was a certain degree of organic organization of the clan at the time of the situation, or the process or content of the land is proved, or there is a lot of indirect materials which have no choice but to be recognized as owned by a clan prior to the situation in which various circumstances exist, and it shall not be recognized if there are material for opposing facts, not sufficiently proven, and if there are sufficient material for such indirect materials, it shall not be recognized. The circumstances are the indirect materials. The relationship between the situation and the clan, if there are many people, the relation between the situation and the family, if there are several people, the relation between the situation and registration relation, if there is another land owned by the clan, the size of the land affected by the situation, the status of the installation of the tomb, the number of graves and the funeral, the management status of the land, the receipt of profits or compensation, the payment relation, the certificate of completion of all other circumstances.

(See Supreme Court Decision 2001Da76731 delivered on July 26, 2002). The Plaintiff’s real estate in this case to the Defendant.