소유권이전등기
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 15, 1912, the land of 3,745 square meters (hereinafter “instant land”) prior to D prior to D, a city based on the fact that the registration of ownership was made on November 21, 1964, and on June 29, 1972, the registration of ownership transfer was made on June 29, 1972 with respect to each of the F shares of 1/3 in the future Defendant A, B, and Nonparty F.
[Ground for recognition] Unsatisfy
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff: (a) was a clan that was made up of the descendants of 59 years old from the 59-year-old descendants of Kim Jong-si Kim Jong-si, which was the descendants of 1912, and registered the instant land in title to the clan E in 1912; and (b) again, (c) was re-titled to the Defendants.
Therefore, the Plaintiff terminated the title trust by serving a duplicate of the instant complaint with respect to the Defendants. The Defendants are obligated to implement the procedures for the registration of ownership transfer due to the termination of title trust to the Plaintiff.
B. The summary of the Defendants’ assertion is not a clan with its unique meaning, but a clan similar organization, since the Plaintiff is a newly created clan around May 25, 2013, which is limited to five clans among the descendants of a single clan within the scope of its members.
(Y) If the plaintiff is a clan of a unique meaning consisting of descendants from 59 years of age, only part of the plaintiff is a member of the clan, and it is unlawful to file the lawsuit in this case). The land in this case is owned by the family members of the Korean clan, which is composed of descendants of the Korean clan 66 years of age.
C. The decision of the first clan is the unique meaning of the clan, whether it is a similar organization to the clan, and whether it is a naturally created clan with the objective of protecting the graves of the common ancestor, conducting religious services, and promoting the friendship among the members of the common clan, which is not required to engage in a special organization, and therefore, it is possible to be a minor clan within the common clan, and therefore, in identifying a specific clan and its substance, it is most possible for the common ancestor of the clan to be a member of the common clan.