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(영문) 광주지방법원 2015.07.24 2014가합2916

소유권이전등기

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. Defendant B is an organization established by the clan C and the Plaintiff (hereinafter referred to as the “Plaintiff’s clan”) to safeguard and preserve the graves and churches of both clans and to manage and preserve their relics.

B. The real estate of this case originally owned by Defendant B was each registered in title D, E, F and G, which are the grounds for the clans of this case, and the registration of ownership transfer was completed on September 13, 1971 by the Gwangju District Court No. 8342, which was received on September 13, 1971. After the death of the above G, the 1/4 shares in its name were transferred to H, while the 1/4 shares in its name, which were held in its name after the death of the F, were respectively re-titled to H, and the ownership transfer was completed on November 2, 1983 by the above court No. 18141 (H shares) and June 29, 1985 and the above court No. 1769,1700 (I shares in its name).

C. After that, H and I completed the provisional registration of the right to claim the transfer of ownership on August 6, 1986, No. 10687, which was received on August 6, 1986, and No. 10687, which was made on August 1, 1986, for each one-fourth share of the one-fourth share in the name of the Plaintiff clan with respect to the instant real estate (hereinafter “instant provisional registration”), and I completed the registration of transfer of ownership on January 24, 1997, which was made on August 1, 1986 by the above court with respect to the one-fourth share in the name of the Plaintiff clan among the instant real estate (hereinafter “instant share”).

Meanwhile, on July 1, 1996, Defendant B filed a lawsuit claiming ownership transfer registration against H and I, etc. on the instant real estate, etc. on June 3, 1996, which was rendered a favorable judgment (the above judgment became final and conclusive on December 4, 1997) by filing a lawsuit claiming ownership transfer registration on the ground of termination of title trust on June 1, 1996, and completed the registration of ownership transfer as the above court No. 29591, Jun. 1, 200 with respect to the remainder of 3/4 shares other than the instant shares among the instant real estate.

Defendant B thereafter transferred the shares of this case to the name of the Plaintiff’s clan, the above court on November 6, 200.