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(영문) 수원지방법원 2014.08.08 2013가단60841
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff clan is a clan consisting of adult men and women of 20 years of age or older residing in Korea among descendants of D 13 years of age or older.

B. The registration of ownership transfer was completed on January 23, 1940 in the name of F, G, and H, F, G, and H, and H, one-third shares, respectively, in the name of J, F, G, and H, under the joint circumstances. On February 6, 1940, with respect to the shares of H on February 6, 1940, the registration of ownership transfer was made on the ground of the “Sale” (the title of the Plaintiff’s clan, which was the name of the Plaintiff’s clan, was changed on April 28, 201), and F’s share was transferred to L on October 11, 1980 due to the inheritance, and the registration of ownership transfer was made on October 1, 198 in the name of the Defendant for inheritance on October 1, 1980.

C. The forest of this case had D5-year-old descendants and the graves of the Plaintiff clan N, G, andO, which are the fleets of the Plaintiff clan.

[Ground of recognition] Facts without dispute, Gap 2-5 evidence, Gap 11 evidence, the purport of the whole pleadings

2. Determination

A. The summary of the plaintiff clan's argument was that the forest land of this case was owned by the plaintiff clan with the land where the plaintiff clan's graves were owned by the plaintiff clan, but at the time of registration of ownership preservation, the defendant was held in title trust under the name of the plaintiff clan's members at the time of registration of ownership preservation, and the defendant received a share transfer registration for the forest land of this case from one of the above clan members under title trust, so long as the plaintiff clan terminated the above title trust agreement, the defendant is obligated to make the plaintiff clan a share transfer registration

B. (1) Determination is based on the following facts: (a) a clan formed naturally by acquiring the right to real estate, etc. at the time of the circumstance to recognize that certain land was owned by a clan; and (b) a clan formed under the name of a member of the clan or a third party was trusted to another person for title trust.

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