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(영문) 창원지방법원 2016.03.25 2014가단23822

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a clan of its unique meaning that consists of descendants of H8 years of age, who is a joint group group of K, a son, from among the five shapes of J, the four descendants of H8 years of age.

B. The Plaintiff, under the Plaintiff’s name L, M, and N, held title trust with respect to the forest E in Changwon-si’s counter E 2,678 square meters, F forest 7,056 square meters, G forest G 2,896 square meters in Changwon-si’s counter G 2,896 square meters.

Then, on August 27, 1981, and October 19, 1984, the Plaintiff trusted the registration of preservation of ownership in the name of Defendant O, which is the Plaintiff’s clan, with respect to the land of 2,896 square meters in the window of Changwon-si, Changwon-si, by means of completing registration of preservation of ownership in the name of Defendant B, C, and D, which is the Plaintiff’s clan, on June 4, 1984, with respect to the land of 2,896 square meters in the window of Changwon-si, Changwon-si, by means of completing registration of preservation of ownership in the name of Defendant B, C, and D.

(hereinafter referred to as “each of the instant real estates” C.

The Plaintiff, through the service of the duplicate of the instant complaint, terminated the title trust on each of the instant real estate, and seeks the Defendants to implement the procedure for the registration of ownership transfer based on the termination of the title trust.

Preliminaryly, if the plaintiff is not a clan with its own meaning, the above title trust held by the plaintiff as an organization similar to a clan is a three-party title trust, and the plaintiff can seek registration of cancellation of ownership preservation from the defendants by subrogation of the seller. For the convenience of the procedure, the plaintiff seeks implementation of the procedure of ownership transfer registration based on the restoration of the real name.

2. Determination as to the legitimacy of the main claim part of the lawsuit of this case

A. ex officio, we first examine whether the Plaintiff is a clan of unique meaning that the Plaintiff made K as a joint ancestor in relation to its party ability.

(b) A clan within its unique meaning is a naturally occurring family organization formed by descendants of a common fishing boat for the purpose of promoting friendship between the graves of the boat, the dysium and the descendants, and there is no special organization, at the same time as the death of the boat.