소유권이전등기 등
1. The plaintiff's appeal as to the main claim is dismissed.
2. Part concerning the conjunctive claim in the judgment of the court of first instance.
1. Basic facts
A. The Plaintiff is a clan that is a joint ancestor of the E 21 years of age, namely, the “F.”
B. Around 1992, G 1,049 square meters (hereinafter “land prior to the land substitution”) was replaced with C 1,985 square meters (hereinafter “instant land”) around the 1992.
C. The land before replotting was assessed under H’s name on October 3, 1912, and the registration of ownership transfer was completed on March 5, 1965 through I, J, two other, K, and L.
After that, on November 19, 2007, the registration of transfer of ownership was completed in the name of M on December 7, 2007, and on January 25, 2008, on the ground of inheritance by consultation and division, the name of N on March 7, 2008, and on March 26, 2010, on the ground of sale on March 26, 2010.
On August 7, 2014, the Plaintiff held a clan general meeting and approved matters concerning the filing of the instant lawsuit.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings
2. The Plaintiff filed a claim, after receiving an assessment of title trust with H, the grandchildren of “F”, the Plaintiff transferred the ownership in succession in the name of I, J, and two others. The land before replotting was sold to K in 1934 and L in succession in 1948.
Since then, the Plaintiff, located immediately adjacent to the land before replotting, was to purchase the land prior to replotting as the answer to the land on December 15, 1956, in the 6th 8th 8th o forest land (hereinafter “O forest”) located next to the Plaintiff’s land owned by the Plaintiff, and purchased the land prior to replotting from L on December 15, 1956. On March 5, 1965, the Plaintiff held title trust to D and completed the registration of ownership transfer in D name.
In the first place, all of the persons who completed the registration of ownership transfer with respect to the land of this case since D are those who succeeded to the status as a title trustee in sequence, and both of them and the Plaintiff are recognized as a title trust relationship. Therefore, the Plaintiff terminated the title trust agreement with respect to the Defendant through the delivery of a copy of the complaint of this case, and caused it.