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(영문) 청주지방법원 2016.05.26 2015가단104473

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a clan with a unique meaning as a clan established for the purpose of protecting graves, conducting religious services, promoting friendship among the clans, etc. by making it a Si A.

B. As to the real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”), registration of the Cheongju District Court on May 11, 1991 and receipt No. 39600 on May 15, 191, and as to the real estate listed in the separate sheet No. 2 (hereinafter “instant two real estate”), registration of the Cheongju District Court on May 3, 1991 and registration of the Cheongju District Court on May 23, 1991, and as to the real estate listed in the separate sheet No. 4159 on May 23, 1991, and as to the real estate listed in the separate sheet No. 3 (hereinafter “instant three real estate”), registration of the Cheongju District Court on October 30, 2002 and registration of the transfer to the Defendant’s ownership was completed on November 21, 2002, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff's clan members collected money on February 191, 191, and purchased the land and decided to change the cemetery of the ancestor members, which were scattered in each region, to create a family cemetery. 2) Accordingly, the plaintiff purchased the real estate of this case 1 and 2 in the amount of 4 million won on May 1991, and paid the money to the clan members by collecting the money, but the clan members cannot receive the registration of transfer of ownership in the name of the clan for the land that is farmland, and therefore, the defendant's title trust among the clan members shall be made to the defendant who is the highest vibs of the clan members, and the registration of transfer of ownership in the name of the defendant on May 15, 191 for the real estate of this case and on May 23, 1991 for the real estate of this case.

3. On October 2002, the Plaintiff’s part of the said land was inevitable for a patrolman on the ground that part of the mountain site was installed for the purpose of the instant 1 and 2 real estate and the petition C, adjacent to the instant 1 and 2 real estate.