(영문) 창원지방법원 2007.01.10 2005가단25642

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(영문) 창원지방법원 2007.01.10 2005가단25642

소유권이전등기

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by taking into account each of the statements in Gap evidence 1 to Gap evidence 4, Gap evidence 18, 19, 20, and 27, and all of the arguments.

Plaintiff

(1) On October 1, 2004, the plaintiff clan enacted the clan rules with the contents that the plaintiff clan was jointly created by the joint Si on October 1, 2004 and is comprised of descendants.

(2) The plaintiff clan has resolved to register the size of 271 square meters in the name of the clan in the territory of the Republic of Korea.

B. After the deceased of the deceased in around 1915, the deceased member of the Plaintiff’s clan as to the Defendant, the deceased father F of the Defendant, and the Defendant’s father G succeeded in order to Australia. The deceased on June 30, 1950, and the Defendant succeeded to Australia.

C. On July 1, 1913, the real estate stated in the separate sheet concerning the real estate stated in the separate sheet was assessed under the name of the network E, and on April 28, 2005, the registration of ownership preservation was made in the name of the defendant.

2. Determination

A. Although the real estate recorded in the attached list of the Plaintiff’s assertion was owned by the Plaintiff clan, it was merely an assessment under the name of the deceased clan E by being trusted in title, the Plaintiff clan terminated the above title trust by delivering a copy of the complaint of this case, and seek the Defendant to implement the registration procedure for ownership transfer on the real estate recorded in the attached list.

B. Determination (1) It is only possible to recognize that a real estate is owned by a clan, and in order to recognize that there was a clan with an organic organization at the time of the situation, and that there is a lot of indirect materials that can only be recognized as owned by a clan from before the situation, or that there is a process or content of the land owned by a clan or that it is inevitable to recognize it as owned by a clan from before the situation, and such materials are sufficient.

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