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(영문) 대전고등법원 2018.11.22 2017나10518
소유권이전등기
Text

1. Of the judgment of the first instance, the part against the Plaintiff ordering the following performance shall be revoked.

Defendant C is the Plaintiff and Defendant C.

Reasons

The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except for a supplement or dismissal of some of the contents as follows, and an addition of the judgment of the conjunctive claim added by this court is the same as stated in the reasoning of the judgment of the court of first instance.

Supplementary Parts

A. At the time of the circumstances of each real estate of this case by the defendants, only the higher clan AX clan and Zin have existed, and the plaintiff did not have the substance of the clan.

Even if the Plaintiff had the substance of a clan at the time of circumstances, R, S, and Defendant B had completed registration of preservation of ownership as the owner of each real estate of this case, not registered in title by the Plaintiff.

B. In full view of the circumstances indicated in the first instance judgment as to whether the Plaintiff had the substance of a clan at the time of the determination 1, the Plaintiff had the substance of a clan separate from a superior clan or Z clan and independent clan as an independent clan, in full view of the following facts and circumstances acknowledged by adding up the entire purport of the pleadings to the entries in the evidence No. 15, 26, 27, and No. 4, 12, 15, and 16, and witness AA of the first instance trial, and the testimony of the witness AA of the first instance trial.

Therefore, this part of the defendants' assertion is without merit.

(1) AX clans are the clans 11-year-old AY, and the clans are the clans 16-year-old AZ, the Z of which is the joint ancestor group, and the Z of which is the 16-year-old AZri on October 15 of each year.

② On May 20, 1913, BA was found to be a clan property by specifying that it is a clan property on May 20, 1913. On January 13, 1928, BA made a registration of ownership transfer in the name of B and BC, which is the cause of the clan of the Plaintiff.

From the above point of view, the plaintiff has owned the above land as clan property.

(3) Some of the Plaintiff’s accessories shall attend the Z market in the Z market in the Z market in the Chungcheongnam-gun of the Chungcheongnam-gun budget.

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