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1. The plaintiff's primary and conjunctive claims of this case are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is an organization established by the clan C and the defendant with the aim of protecting and preserving the graves and tombs of the ancestor in their lives and for managing and preserving their relics.
B. The real estate of this case originally owned by the Plaintiff was each nominal trust to D, E, F, and G, which are the final cause of the above two forms of paper, and the registration of ownership transfer was completed on September 13, 1971 by the Gwangju District Court No. 8342, which was received on September 13, 1971. After the death of the above G, the 1/4 shares in its name were transferred to H, while the 1/4 shares in its name after the death of the F were respectively transferred to title trust to H, and the 1/4 shares in its name was transferred to H, and the ownership transfer was completed on November 2, 1983 by the above court No. 18141 (H’s shares) and June 29, 1985, No. 1769,1700 (I’s shares).
C. After that, H and I completed the registration of the right to claim the transfer of ownership on August 6, 1986 by the above court No. 10687, which was received on August 6, 1986, as to each one-fourth share of the real estate in their own name with respect to the Defendant on August 1, 1986 (hereinafter “the provisional registration of this case”), and I completed the registration of transfer of ownership for one-fourth share of the real estate in its name among the real estate of this case to the Defendant on January 24, 1997 by the above court No. 4067, August 1, 1986.
On the other hand, the plaintiff filed a lawsuit against H and I on July 1, 1996 against Gwangju District Court 96Gahap8361 and 97Gahap5031 (combined) concerning the real estate, etc. of this case on June 3, 1996 and won a favorable judgment (the above judgment became final and conclusive on December 4, 1997).
On November 6, 2000, the above court completed the registration of ownership transfer based on the cancellation of title trust as to the shares in the defendant's name (title 1/4 shares in the first first name).
E. On April 10, 2013, the Plaintiff entered into a contract to sell the instant real estate to Nonparty Aju Industrial Development Co., Ltd., and accordingly, the following is among the instant real estate.