신탁해지를 원인으로 한 소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this part of this Court’s recognition are as follows: “Defendant C” to “the network C; “Defendant E” to “the network E”; and it is identical to the corresponding part of the reasoning of the judgment of the first instance except for the case where “the network E” to “the network E; therefore, it shall be cited as it is in accordance with the main sentence
2. The gist of the Plaintiff’s assertion is that the Plaintiff is a clan that is composed of adult descendants by making SC 17 years old descendants a joint ancestor, and the instant land was owned by the Plaintiff. On December 22, 1910, the Plaintiff was under title trust after completing the registration of transfer of ownership in the name of 26 years old descendants, who are the clan descendants, on May 15, 1947, under the circumstance of 26 years old descendants, around December 22, 1910.
Since then, according to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate, the Plaintiff held a title trust after completing the registration of ownership transfer in the name of the deceased C, the deceased clan, and Defendant B, G, H, the deceased spouse of the deceased deceased, and Defendant D, F, G, H, and the deceased, and Defendant AC and AD comprehensively succeeded to the status of each title trustee.
As the land of this case has been owned by T and V, the plaintiff clan, according to the custom, has been gathering together with the members of the clan without special convening procedures on October 6 and October 10 of each year, and has carried out the clan services by a resolution of a majority of the members present at the clan while gathering them together with the members of the clan without going through a special convening procedure.
Plaintiff
On March 6, 2016, the deceased C who was the representative of a clan intends to dispose of the instant land without a resolution of disposition of the clan, and the Plaintiff passed a resolution to file a lawsuit for cancellation of title trust and transfer of ownership to the instant land by holding an extraordinary general meeting on March 6, 2016. Since the problems were in the procedure in the above extraordinary meeting, the Plaintiff was identified as 51 members of the clan, and the Plaintiff also held an extraordinary general meeting on May 13, 2017 and confirmed the contents of the resolution of the extraordinary general meeting as of March 6, 2016.
On the other hand, the plaintiff is also owned by the plaintiff.