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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a member of the clan A, which is a branch of the clan C (hereinafter referred to as the "foreign clan"). The defendant is a member of the clan B, which is composed of the members of the non-party clan B.
(A) A branch of a foreign clan has D or E in addition to the two family clans. (B)
The plaintiff filed a lawsuit against the non-party clan for the execution of the procedure for the registration of cancellation of ownership transfer registration against the non-party clan 2002Gahap69 with respect to the land size of 13,884 square meters in Chuncheon-si, which was the name of the non-party clan (hereinafter “the real estate in this case before the partition rearrangement”), and the land size of 198 square meters in Chuncheon-si, Chuncheon-si. On January 23, 2003, the mediation was established that “the non-party clan shall implement the procedure for the registration of ownership transfer on January 22, 2003 with respect to each of the real estate in this case and the land in the above G, which had been located in the name of the non-party clan.”
C. Accordingly, the Plaintiff completed the transfer registration of shares as to the 65/100 shares of the instant real estate prior to the partition, which was received on April 1, 2003 by the Chuncheon District Court No. 13574. Meanwhile, the non-party clans completed the transfer registration of shares as to the 35/100 shares of the instant real estate prior to the partition partition to the Defendant on December 11, 2003, which was received on December 11, 2003, which was based on the sale as of January 22, 2003, and owned by the Plaintiff and the Defendant at the above shares ratio.
On December 26, 2004, the Plaintiff and the Defendant divided the instant real estate into 9,025 square meters in proportion to the Plaintiff’s share ratio and 4,859 square meters in proportion to the Defendant’s share ratio. On December 26, 2004, the Plaintiff and the Defendant agreed to include the funeral 4 of the original Defendant’s co-ship, which sealed the tax house, in the Defendant’s share ratio, and in relation to the divided area and form, as shown in the attached Form, the point of one opposition was inconsistent (no land survey was conducted).
E. However, the plaintiff and the defendant are divided according to the above agreement.