소유권이전등기
1. All appeals filed by Defendant C and Defendant (Appointed) against the Plaintiff are dismissed.
2. The costs of appeal are assessed against the Defendants.
1. Acknowledgement and alteration of the judgment of the court of first instance are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the grounds for this part are identical to the grounds of the judgment of the court of first instance except for dismissal or addition as follows:
Part 8 14 and 15 shall be advanced as follows.
① From among the five members, the remaining four members except AM are descendants of L, and AM appears to have been title trusted to AM on August 11, 1970 when the descendants and the plaintiff clan are not members of the plaintiff clan, while the descendants and the plaintiff clan are in an integrated clan (Evidence A to No. 27 through 30). The defendant asserted that five members, including AL, do not have title trust of each forest of this case from the plaintiff clan on the ground that the forest of this case was not trusted by the plaintiff clan. However, on the ground that the above circumstances exist, the defendant argued that the title trust of the plaintiff clan does not necessarily have to be denied from the plaintiff clan on the ground that there was the above circumstances."
Part 10, conduct 17, the following shall be added:
(5) The Defendants asserted that the statute of limitations has expired since the Defendants occupied the forest of this case in good faith and without negligence for not less than 20 years in a peaceful and open manner with the intent to own each of the forest of this case. However, those registered as the owner of real estate under title trust cannot be deemed as possession independently of the source of possession right due to its nature (see, e.g., Supreme Court Decision 2000Da60319, May 27, 2003; 2000Da60319, May 27, 2003; even if possession of each of the forest of this case by five including AL, etc. and its inheritors is recognized, the five possession, such as AL, cannot be deemed as possession based on title trust; and such other possession shall be deemed as possession again with the intention to own the forest of this case, or it shall be deemed to have been occupied by the Plaintiff clan that had been occupied by the new owner of the right.