소유권이전등기말소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for “the parts to be modified” under paragraph (2) below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. Defendant B’s “Defendant B” is both the Defendant and the Defendant.
(b) Paragraph 1(b) of the first instance judgment.
(4) Part (4) of the judgment of the court of first instance [as regards each land listed in (4) and (3) in [Attachment 1 and (3)], the “from 3 pages 9” shall be deleted.
C. Parts 4, 13 and 15 of the first instance judgment are as follows.
"Registration of transfer of ownership shall be cancelled due to the invalidation of cause."
D. The reasoning of the judgment of the first instance court is as follows: Paragraph 3(b) of the "Decision" (No. 4 of the judgment of the first instance court, No. 19 through No. 5 of the judgment) and Paragraph 3 of the "Decision" (No. 5 of the judgment of the first instance court, No. 15 through No. 19 of the judgment).
In a case where the issue of title trust on a parcel of land is disputed between a registered titleholder, such as a clan and a clan member, if it is proved that the existence of a clan with an organic organization at the time that the registration of the registered titleholder was made in the future, and then the process or content of the land has been proved directly by the registered titleholder, as well as the case where it is proved that the land has been owned by a clan, the relationship between the registered titleholder and the clan, the relationship between the registered titleholders, if there are several registered titleholders, the circumstances in which the establishment of a clan centered on the Si, the number and management status of graves, the actual state of the graves, the size and management status of the land, the receipt and disbursement relation of profits from the land, the payment relation of taxes and public charges, and the possession of the registration certificate, etc., if there is considerable data to view that such land is owned by the registered titleholder in the future of the clan.