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(영문) 인천지방법원 부천지원 2018.02.23 2017가합102012
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against L who is represented by the plaintiff.

Reasons

1. The plaintiff's assertion was restructuringed to V in the administrative district of the city of M, Jung-si as N, Kim Jong-si, and Q. P.

The RC created mainly by the RC is a clan.

The Plaintiff’s 13 years old grandchildren included each land listed in the separate sheet (hereinafter “each land of this case”) which he was set up by 11 years old grandchildren from U into the land of the Plaintiff clan, and the Plaintiff has been managing each land of this case as the clan property from that time.

On July 11, 1970, the Plaintiff entrusted the ownership registration of each of the instant lands to four persons, including W, X,Y, Defendant B, etc., which are the Plaintiff’s paper-based 1/4 shares. After W and X died, the remaining Defendants except the Defendant B inherited W and X shares.

YThe share was already disposed of to a third party.

The Plaintiff expressed his intention of termination of title trust through the service of the duplicate of the instant complaint, and sought against the Defendants the implementation of the procedure for registration of ownership transfer based on the termination of title trust with respect to the Defendants’ share in each of the instant lands.

2. Determination as to the legitimacy of the instant lawsuit

A. 1) A clan is a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of his/her ancestor, providing his/her religious services, promoting friendship among his/her descendants, and is established by his/her descendants at the same time as the death of his/her ancestor. On the other hand, an organization consisting only of some of its members residing in a specific area is merely a similar organization and does not constitute a clan (see Supreme Court Decision 2011Da61349, Nov. 24, 201). The Plaintiff’s assertion is, even according to its assertion, that the Plaintiff is an organization consisting only of some of the members of his/her clans centered on M, Jung-si, P, Q, Q, and that it cannot be deemed an organization similar to a clan, the meaning of which is unique.

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