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(영문) 대전지방법원 2017.02.15 2016가단206410
소유권이전등기
Text

1. The defendants are all the defendants' shares among each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff clan is a naturally occurring family organization formed with the descendants of FC 28 knife as its members of a clan.

B. G died around February 1952.

C. Nonparty H is a person who served as the president of the Plaintiff clan with G’s children.

H died around July 2003.

E. The Defendants are H’s children.

F. The registration of ownership was completed on around October 1971, 1971 in each of the instant forest areas: “I forest land 2031m2, J forest land 1479m2, K forest land 2479m2, L forest land 1683m2 (hereinafter “the instant forest area”). On October 2, 2012, the registration of ownership was completed on the grounds of inheritance on July 1, 2003 under the Defendants’ name.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The forest land of this case is the land that the deceased G had the deceased's boat, the principal, and the descendants installed and had them used in mountain. The registration number for real estate preservation was not made in the name of the deceased, and the registration for transfer was completed in accordance with the shares in inheritance to the Defendants. Thus, the plaintiff's assertion against the defendants is ambiguous, and there is insufficient evidence to prove that the forest of this case was owned by the plaintiff's clan and the deceased's title trust was held in the name of the deceased. Thus, the plaintiff's claim against the defendants is insufficient to prove that the forest of this case was held in title trust with the plaintiff's clan and the deceased H.

B. As a result of the determination, the following circumstances acknowledged by the entire purport of the pleadings, namely, ① the Plaintiff clan from the time when G died.

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