beta
(영문) 서울고등법원 2020.07.15 2018나2072124

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are borne by EH expressed as the representative of the Plaintiff.

purport.

Reasons

Basic Facts

A, including the creation of a village A, a village was formed by 50 households as part of the "Pilot village structural improvement project" of Si-Sari-si for rural modernization, as a result of the development of a town, which had been located in the nearby community of the CAA and the CB in the CC Station in the previous Gyeonggi-gun, Gyeonggi-gun, and the 1977.

On January 1, 1979, after the A Village was created, residents of the A Village hold a general meeting, and then prepare a resolution to register on the basis of the village property creation management rules that existed before moving to the common property of the instant village.

Attached Form

목록 기재 각 부동산에 관한 소유권이전등기 및 이용 현황 별지 목록 제1, 3, 4항 기재 토지는 DR의 소유였다가 1977. 8. 29. 별지 목록 제1항 기재 토지에 관하여 망 CE,망 CF,망 BJ, 피고 D, F의 공동명의로, 별지 목록 제3항 기재 토지에 관하여 망 CK,망 CL, 망 CM, 망 N,피고 O 명의로, 별지 목록 제4항 기재 토지에 관하여 망 CN, 망 CO, 망 CP, 피고 P,Q 명의로 각 1/5 지분의 소유권이전등기가 마쳐졌다.

Attached Form

Land listed in list 2 was owned by DS, and the registration of ownership transfer of 1/5 shares was completed under the joint names of network CG, network CH, network CI, and Defendant L on September 2, 197.

(Attachment 1) Each land listed in [Attachment 1] through (4) (hereinafter “each land of this case”) in [Attachment 1] is used as a road of A village, such as village access roads.

【Ground for recognition】 Each entry of evidence Nos. 1 through 6, 10, 11, 12, and 14 (including branch numbers, if any; hereinafter the same shall apply), and the gist of the entire argument of the plaintiff

A. The Plaintiff is an unincorporated association that has no capacity to establish a community as a community of residents residing in a village, and the Plaintiff is a resident for the purpose of opening access roads to a village around August 197.