소유권보존등기말소등
1. All appeals by the Defendants are dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Defendants.
1. Basic facts
A. On November 10, 2002, the Plaintiff held a clan general meeting to set up a clan resolution, which is a clan, and made a resolution of the general meeting to appoint six of the members of Q 10 descendants as a clan representative, Defendant B, auditor, and auditor.
B. On March 5, 1914, F, who was the seven major shares of R, was under circumstances at 678 square meters (hereinafter “land before subdivision”).
Since then, the land before subdivision was divided into 181 square meters in G grave site on November 30, 1938, 141 square meters in D road (the land of this case was divided into 466 square meters in unit conversion) and 356 square meters in H grave site.
C. Meanwhile, on October 25, 1993, on G and H land, registration of ownership transfer was made in the name of Defendant B and clan I, J, K, and L, each of which was the descendants of the networkF, and on July 29, 2003, the land category of each of the above land was changed to a orchard, and on September 3, 2003, the registration of ownership transfer was made in the name of I on the grounds of sale as to each of the above land by Defendant B and J, K, and L.
Although the land of this case was used as a road after the partition, it was lost its function as a road after the construction of AD (AE National Road) near the land of this case.
On May 18, 2007, Defendant B made the preservation registration of the instant land on the basis of a guarantee of guarantee that Defendant B succeeded to the instant land solely from the deceased P, a father of the deceased F, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, effective).
On July 5, 2010, the land category of the instant land was changed to an orchard.
E. Defendant B sold the instant land, and I sold G and H land to Defendant C on July 7, 2010, respectively. On the 19th of the same month, Defendant B filed a ownership transfer registration (including the instant transfer registration) with respect to each of the said land.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-1-3.