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(영문) 대구지방법원 2015.07.15 2014나302254

소유권말소등기

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The defendant clan is a clan that is composed of descendants of Q QC 25 years old-old R.

B. The South Korea is S, and the South Korea is T, and QC U and QC U as a lineal descendant of S, QC 30 years old, 31 years old.

T There are lineal descendants of QC 27 years of age V, QC 29 years of age W, 31 years of age X.

The south of X is Y(Z in the form of a certified copy), and the south is AA(J in the form of a certified copy), and the Z dies without any son, D, the son of J, was adopted on April 9, 1963 after the Z.

C. On April 25, 1920, N4,909 square meters of forest land (hereinafter “instant real estate”) was assessed in the name of the State on April 25, 1920. After being registered in the name of AB in the forest land register, registration of preservation of ownership was completed on October 21, 1971.

D The deceased on May 24, 1991, and at the time there was wife E, children, Plaintiff B, F, G, and H as heir.

E. Around February 1996, the Defendant clan held an extraordinary general meeting and resolved to the effect that “The instant real estate, K forest land of 11,901 square meters (one set of two pieces of land per permanent residence), 10,116 square meters (one set of two pieces of land per permanent residence), L forest of 14,281 square meters (one set of four pieces of land per permanent residence; hereinafter the same shall apply) shall be registered in the name of the Defendant clan, or part of the clan members, and thus, the registration shall be transferred in the name of the Defendant clan in the future.”

F. On March 17, 1997, in the middle of May 24, 1991, the registration of ownership transfer was completed under the Daegu District Court permanent resident registration office received as of March 17, 1997 on the ground of inheritance by consultation and division on May 24, 1991. On the same day, the registration of ownership transfer was completed under the Daegu District Court permanent resident registration office received as of March 17, 1997 on the instant real estate as of March 15, 1997 on the ground of donation on March 15, 1997.

G. K was under the name of U on April 20, 1920. On September 30, 1970, K transferred 1/3 shares in the name of O, AC, and AD, and on February 13, 1997, the registration of ownership transfer was completed in the name of the defendant clan on the 15th of the same month.