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(영문) 수원지방법원성남지원 2016.11.15 2016가단3279

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 10, 2001, the forest land of this case was divided into the forest land of this case and the forest land of this case 6657 square meters in Jeonnam-gun, Jeonnam-gun.

B. As to the forest land of this case, ① E has completed the registration of ownership preservation on January 17, 1939; ② the F has completed the registration of ownership transfer from E on January 24, 1939; ③ G and H have received the registration of ownership transfer from F on October 24, 1964 on the ground of sale on March 4, 1964; ④ I has received the registration of ownership transfer from G and H on August 11, 1983 on the ground of donation on December 7, 1982; ⑤ J and G have completed the registration of ownership transfer from G and H on November 29, 1984 on the ground of sale on November 27, 194; ② Defendant Kim Jong received the registration of ownership transfer from G on November 29, 1984 under the former Act on Special Measures for the Management of Real Estate Ownership (amended by Act No. 5124, May 24, 1985).

C. F refers to the two M(N) of the Defendant clan C (No. L), who was born on February 18, 1764 and died on December 18, 1816, and who was a member of the Defendant clan.

E (Death on April 3, 1979) having completed the registration of preservation of ownership on the forest of this case, had, in its own initiative, the head-nam O (Death on March 15, 1945), the South P, Q Q Q, 4 South R, 5 South S, 3 women U, 3 women V, 4 women W, 5 women X, 6 women X, 7 women X, 7 women Z, 8 women AA, 9 women AB, and the representative of the plaintiff clan was the children of the aboveO.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number), the purpose of the whole pleading

2. Determination on this safety defense

A. The defendant's argument cannot be viewed as a clan with a substance, and the representative AC of the plaintiff's clan is not a legitimate representative since it was not elected as the chairperson at the general meeting of the plaintiff's clan, and the plaintiff's clan did not undergo the resolution of the general meeting for filing the lawsuit of this case. Thus, the lawsuit of this case

B. A clan of the unique meaning of this Court’s decision is the same.