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(영문) 대전지방법원 논산지원 2017.01.25 2016가합2178
소유권이전등기
Text

1. On June 3, 2016, the Defendant decided to terminate the title trust on each land listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff clan was naturally formed for the purpose of the number of worship A 25 years old C (A), religious service, religious service, friendship among the clans, maintenance and management of the clan properties by jointly setting up the family clan A 25 years old.

A 26 years of age D to 28 years of age E (F).

B. On March 30, 1925, each land listed in the separate sheet (hereinafter “instant land”) was registered for the preservation of ownership in the Plaintiff’s name G, which was the Plaintiff’s clan G on March 30, 1925, and thereafter the registration for the transfer of ownership based on the sale was completed in the name of H and I two persons, on February 10, 1958, the Plaintiff’s ownership registration based on the sale was completed in the name of G, J, K, K, L, M, and N5 under the Plaintiff’s clan G, J, K, and L4, on August 6, 1976.

Since then, five holders of title except N die and N are sole owners. On December 16, 2008, the registration of ownership transfer was completed due to the sale in the name of the defendant (K's grandchildren) on December 16, 2008.

C. The registration certificate of the land of this case is currently owned by the plaintiff clan, and the transfer of ownership is made in the name of the defendant, the aggregate land tax on the land of this case has been imposed in the future on the defendant and the defendant has paid taxes.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-11, the purport of the whole pleadings

2. Determination as to the cause of action

A. In order to recognize that a piece of land is owned by a clan, which is a property of the clan at the time of the situation, and that there is a clan with an organic organization at the time of the situation, and that there is a lot of indirect materials which can only be recognized as belonging to a clan from before the situation proves the process or content of the land owned by the clan or for which various circumstances have been delayed, and it shall not be recognized if there are no sufficient proof of such materials and there are more materials to oppose the situation.

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