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(영문) 인천지방법원부천지원 2015.10.15 2014가단48738
소유권이전등기말소 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3, 4, 7, and 9:

Defendant I (hereinafter referred to as “Defendant clan”) is a clan that jointly sets up for 25 years old L.

B. (1) A registration of correction and registration of alteration has been made, and 561 Jampo-si Kimpo-si (hereinafter “instant land”).

As to the land of this case, the registration for change of the name of the registered titleholder was completed on March 10, 1935 by the Busan District Court, the Busan District Court, the Busan Branch Kimpo-si Office, and the 1800 on March 22, 1935, which was received on March 22, 1935. 2) Accordingly, as to the land of this case on January 10, 2012, the registration for change of the name of the registered titleholder was completed by changing the name of the registered titleholder from "M" to "I type I type I type I" from "M type I type I" under Article 5799 on the same day, and the name of the registered titleholder was changed to "Seoul-do Kimpo-si and 101 Dong1401."

C. Around May 31, 2013, Defendant clan sold the instant land to Defendant H, and Defendant H completed the registration of ownership transfer with No. 37020, which was received on June 12, 2013 from the Incheon District Court Branch Kimpo-dong Office.

2. The plaintiffs' assertion

가. 원고들은 원고 A, B의 부(父) O의 자손들로서 O의 첩(妾) P의 제사를 모시기 위해 구성된 소종중인 M 종중의 구성원 전원이고, 이 사건 토지는 본래 O의 소유로서 O이 P의 제사를 위하여 이를 ‘M 종중’ 명의로 등기하고 그 소유로 하였다.

B. Defendant clan was originally represented by Plaintiff A, a member of the clan, but 13 members, including Q, did not call the Plaintiff A on February 27, 201, at will. ① the registered titleholder of the instant real estate was corrected as Defendant clan, and ② Q, as the representative of Defendant clan.

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