소유권이전등기절차이행
1. The Defendant is based on the termination of title trust as of November 19, 2015, with respect to the land size of 1,985 square meters in racing-si.
1. Basic facts
A. The Plaintiff is a clan with D 21 years of age as a joint ancestor.
B. Around 1992, the 1,059 square meters in F-si, racing (hereinafter “the land before the land substitution”) was replaced by the 1,985 square meters in P-si, racing-si (hereinafter “instant land”).
C. The land before replotting was assessed under G on October 3, 1912, but the ownership transfer registration was completed in the name of the Defendant on March 5, 1965 via H, I, two others, J, and K. The ownership transfer registration was completed in the name of N on April 2, 2010 via L, M.
On August 7, 2014, the Plaintiff held a clan general meeting and approved matters concerning the filing of the instant lawsuit.
【Ground of recognition】 The facts without dispute, Gap evidence 1 through 6 (including additional number), the purport of whole pleadings
2. Determination
A. The relevant legal doctrine is a naturally created group of the clans that originally consists of adult male and female members among the descendants of the common ancestor, and is established by their descendants at the same time as the death of the ancestor. For its establishment, special organization is not required. However, there is a case where the rules are set forth in order to regulate the activities for the protection of graves, the religious salive and the friendship among the members of the common ancestor, and when performing external acts, it is only necessary to appoint a representative, and it does not necessarily require the use of a specific name and the written clan rules, or the representative of the clan has been continuously appointed.
On the other hand, in the case of dispute over the title trust of a certain land between the registered titleholders such as clans and clans, it is proved that there has been a clan with an organic organization to a certain extent at the time that the registered titleholders have completed the registration of the land, and then the process or contents of the land has been directly proved by the registered titleholders, as well as by the registered titleholders and clans.