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(영문) 대전지방법원 2020.01.21 2018나114059
납골묘굴이(철거)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

On August 18, 1971, the registration of preservation of ownership under the name of the deceased H (Death on November 24, 2003) was completed, the registration of combination of ownership transfer was completed in the name of the deceased on January 15, 1975 with respect to the 18,420 square meters of land C in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “the instant forest”). The registration of combination of ownership transfer was completed in the name of the deceased on January 15, 1975, I and the deceased (Death on September 3, 2014), the deceased KK (Death on February 11, 1995), the deceased L (Death on December 20, 199), and the deceased H.

In other words, on July 12, 1986, the registration of consolidated oil was completed in addition to the co-ownership.

D Around 2013, a clan (hereinafter “instant clan”) filed a lawsuit against the Defendant, etc. claiming the implementation of the procedure for ownership transfer registration on the forest land of this case due to the cancellation of title trust.

(The Daejeon District Court Branch Decision 2013Gahap100760, hereinafter referred to as “the lawsuit for cancellation of title trust”). In the lawsuit for cancellation of title trust, it was recognized that the instant clan was a title trust of the forest land of this case against the Defendant et al., and the Defendant was sentenced to the judgment that the instant clan was liable to implement the registration procedure for transfer of ownership on the ground of termination of title trust with respect to the forest land of this case, and the judgment became final and conclusive.

(Seoul High Court Decision 2014Na11596, Supreme Court Decision 2015Da240232). The clan of this case completed the registration of transfer of ownership in its name according to the final and conclusive judgment on May 31, 2016 regarding the forest land of this case.

On February 9, 2017, the registration of ownership transfer of the Plaintiff, M, and N arising from the sale on December 10, 2016 with respect to the instant forest was completed, and the shares of M and N were transferred to the Plaintiff on the ground of the partition of co-owned property as of June 21, 2017.

Meanwhile, the Defendant, around 202, installs and manages the 3 Bridges listed in the separate sheet Nos. 1, 2, 3, 4, and 1, which are indicated in the separate sheet Nos. 1, 2, 3, and 1, which are indicated in the separate sheet No. 5, 6, and 7 (hereinafter “the instant charnels”).

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