(영문) 수원지방법원 안양지원 2017.03.30 2015가단109094

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(영문) 수원지방법원 안양지원 2017.03.30 2015가단109094

소유권이전등기

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a clan established for the purpose of the protection and management of a clan cemetery, property management, and friendship among the members of the clan with the non-party clan H, which is a clan, as a common ancestor, and the network B is a clan member of the plaintiff clan.

B. As of September 24, 1971, each of the real estate listed in the separate sheet and I forest land 6372 square meters in Chungcheongnam-si (hereinafter “each of the instant real estate”), each of the registration for preservation of ownership was completed in the name of the network B, which is the child of Nonparty J, the head of Nonparty J, the deceased He, the child of Nonparty J.

C. The same year on August 25, 2014 for the area of 6372 square meters of I forest land in Chungcheongju-si among each of the above real estate

7. The registration of ownership transfer was completed under the name of Nonparty K on the ground of the sale in 28.2, and the transaction value at the time was reported to KRW 60,00,000.

The deceased B died on August 1, 2016, and there are D, E, and F, the defendant litigant, who is the defendant litigant, the wife, and the defendant litigant.

[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including each number), witness L, M's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that each of the real estate of this case was managed as the property of the plaintiff's clan, and each registration of ownership preservation has been completed while the deceased J, the head of the deceased H, the deceased's own child, and it was decided on December 17, 1990 to complete the registration of ownership transfer in the name of a clan in the name of the clan's general meeting of the defendant's children. As for each of the real estate listed in the separate sheet, the defendant's lawsuit administrator is obligated to complete the registration of ownership transfer as a ground for termination of the title trust as of the date of delivery of the copy of the complaint of this case, and as for each of the real estate of this case, the defendant's lawsuit administrator is obligated to complete the registration of ownership transfer as of December 17, 1990, based on each inheritance share, based on the agreement for transfer of ownership as of December 17, 1990.

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