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(영문) 서울중앙지방법원 2015.11.27 2015나3319
소유권보존등기말소등기절차이행
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation of this case are evidence submitted by the plaintiff in the trial of the court of first instance, and it is insufficient to recognize that the plaintiff's clan existed as a clan with organic existence at the time when the court received the assessment of each of the real estate of this case on December 9, 1920, which is insufficient to recognize that the plaintiff's clan existed as a clan with organic existence at the time when the court received the assessment of each of the real estate of this case, and rejected Gap's evidence No. 41, which is insufficient to recognize that each of the registration of preservation of ownership of this case under the former Act on Special Measures has been made with a false or forged guarantee document and a confirmation document, and it is difficult to find that the plaintiff's existence as a clan with organic existence at the time when the court received the assessment of each of the real estate of this case, and therefore it is difficult to recognize that the plaintiff's existence as a clan with organic existence at the time of receiving the assessment of each of

2. A clan is a naturally created family organization that aims at the protection of the graves of a common ancestor, the religious services, and the friendship among members of a clan, not requiring a special organization, but for whom the common ancestor is set up in the clan. Therefore, in identifying a specific clan and its substance, it shall be the most important criteria for whom the common ancestor of the clan is authorized (see, e.g., Supreme Court Decision 95Da44986, Feb. 28, 1997). In this case, in which the common ancestor of the plaintiff who is the 22-year-old descendants of the K clan L, the 8-year-old clan (R, the name of the plaintiff's clan appears to have been derived), the "O" that is the common ancestor of the 25-year-old descendants, and the "J" that is the common ancestor of the 25-year-old descendants or any other clan refers to what falls under any other clan from among the owners of the previous clan's family register.

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