소유권보존등기말소 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The fact-finding survey of the Gyeonggi-gun District Forest land in the Gyeonggi-gu District in the Japanese Occupation Period written in the Japanese Occupation Period is indicated as the fact-finding survey of the Gyeonggi-gu Forest land in the Gyeonggi-gu District in the Japanese Occupation Period, and the fact-finding survey of the Gyeonggi-gu Forest land in the Gyeonggi-gu District in the Japanese Occupation Period is as follows: D, E, F, G, H, I, J, K, K, L, M, N,O, and P
B. The Gyeonggi-si District Forest was divided into S, and the name of the administrative district was changed from S on June 11, 2001, and the land was divided into T (hereinafter “instant land”). The old land cadastre for the instant land is written as the ownership based on the circumstances by D and 12 others.
C. On April 14, 1995, registration of preservation of ownership was made on the land of this case in the name of the defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1, 2, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Plaintiff was a clan created naturally by WW’s descendants as the model of WW, for the reason that WW’s descendants passed the truth of Joseon. At the time of the Japanese colonial rule, the Plaintiff was given a title trust to the Plaintiff’s members of the Plaintiff’s clan.
Therefore, the Plaintiff is the owner of the instant land, and the Defendant is obligated to implement the procedure for registration of cancellation of ownership preservation on the instant land.
3. The specific clan of the clan, which is judged on the ground of the safety of the clan, is made according to who the members of the clan are the members of the clan, and the scope of the members of the clan can be determined based on which they are the members of the clan. In such a case, the court has a separate entity that differs from the members of the clan. In such a case, the court shall examine whether the clan is lost or its representative is qualified for the representative of the plaintiff clan, as the plaintiff initially claimed, and then shall examine whether the clan is the representative of the plaintiff's clan, and then shall not have such clan or shall be the representative.