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(영문) 창원지방법원통영지원 2015.10.13 2015가단20147
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 10, 1972, the Defendant purchased 1,319 square meters of Haak-gun, Gosung-do (hereinafter “instant land”) and completed the registration of ownership transfer on July 8, 1981.

B. Five plaintiffs, including the plaintiff B, and the defendant and I are the grandchildren of J as the fourth degree of relationship.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. The part of the plaintiff's main claim

A. The summary of the argument of the parties 1) around 1956, the defendant and I organized a non-corporate group similar to the clan for the purpose of protecting the graves of J, etc. around 1956, the non-corporate group was managed every year, and around 1980, the name of the non-corporate group was changed to A. B. While working as a clan similar organization as above, the defendant decided to purchase the land of this case from the defendant on October 14, 1984. On January 15, 1985, the above land was purchased between the defendant and the defendant in the name of 3,790,500 won, and the purchase price was paid in full to the defendant. Accordingly, the defendant has a duty to purchase ownership transfer registration procedure for the land of this case for two years from the plaintiff's novel, and the defendant's non-corporate group did not have the authority to select the plaintiff's non-corporate group or to make a change to the name of the plaintiff's non-corporate group.

B. The defendant's judgment on this safety defense is based on the premise that it is a clan of unique meaning of the plaintiff's novel, and K files a lawsuit as a representative of the plaintiff's novel without legitimate procedures.

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