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(영문) 광주지방법원 2018.11.23 2017나61880
소유권이전등기말소 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant is revoked, and the defendant answers to the plaintiff, Jeonyang-gun M.

Reasons

1. Facts of recognition;

A. The 1,835 square meters in Jeonyang-gun, Jeonyang-gun (hereinafter “instant real estate”) was owned by the networkO. As to this, on the ground of the sale on the same date on December 31, 1966, the registration of ownership transfer was completed under N’s name “Gwan-si X” and on September 20, 206, the registration of ownership transfer was completed under the Defendant’s name (hereinafter “instant registration of ownership transfer”) on the ground that the property in the name of Japan and Japan corporations was reverted to the State property under the State Property Act for the purpose of acquiring it as State property on September 11, 1948.

B. Some descendants of PC 28 years of age Q (W) (N), for a long time, sent N's vision from the mountain located in Gwangju North-gu Y, Gwangju, on October 20 of each year.

C. At around November 1966, 10 N’s 10 descendants determined the purchase of the above soil for N’s trial by gathering in the Y of Gwangju Northern-gu, Gwangju-gu, which is a house of V, and around that time, purchased the instant real estate from O in 2 5 tin of rice, and completed the registration of ownership transfer in the name of N.

U and V, N’s descendants from November 1, 1966, cultivated the instant real estate in succession, and leased the instant real estate to neighboring farmers from around 2007. N’s descendants leased the instant real estate to N’s starting tasks.

E. The above V paid local taxes on the instant real estate from 2000 to 2006.

F. On March 20, 2014, the Plaintiff clan established the rules of the Plaintiff clan and received registration numbers for the registration of real estate.

【Ground of recognition】 The fact that there has been no dispute, Gap's 2, 4, 8, 9, 11 through 14, 19, 20, 24, Eul's evidence No. 2, Eul's testimony as witness of this court, and the purport of the whole pleadings

2. Determination:

A. A. A clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, and thus, in light of this purpose and essence of the clan.

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