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(영문) 대전고등법원 2019.05.15 2018나14210
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The defendant is a clan consisting of descendants of D 14 years of age, E.

E had the head of South Korea F, South Korea G, and Samnam H. However, the descendants of the said three-dimensionals set up the F’s own descendants “1m,” “2m,” and “3m,” and jointly manage the clan properties, while the descendants of the G were taking up “1m,” “2m,” and jointly managing the descendants of the H,” the rules was enacted on October 14, 1985, and the name was set up as “Cm,” such as the current name, and elected I as the representative.

The plaintiff's members and B are one of the F's own descendants.

B. On May 1918, 1918, the land stipulated in Paragraph 1 of this case was assessed by JJ around the date of the non-date B, and by K on May 2, 1918.

On December 29, 1962, B’s registration of preservation of ownership of the instant land (hereinafter “registration of preservation”) was completed on the ground of inheritance, and on the 19/20 portion of the instant land, the registration of transfer of ownership in the name of L, et al. and 14 persons (including 2/3 descendants) on December 29, 1962 (hereinafter “registration of transfer of ownership in the instant clan members”) was completed on the ground of sale on January 7, 1950.

Since then, on the ground of the donation from November 14, 1965 as to the land of this case, the registration of transfer of ownership in the name of the defendant (I at the time of representative) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 4502 on November 30, 1992 and invalidated on December 31, 1994; hereinafter referred to as the "former Special Measures Act") was made on June 19, 195.

(C) The land of this case was completed. D 13 years old M, N's seedlings, F's seedlings, F's 16 years old-old son, F's grandchildren, and P's 17 years old-old son's grandchildren, and the land of this case, paragraph 2 of this case, had Q Q 12 years old-old son and Q son's son as the above F's evidence, and the land of this case paragraph 3 of this case was installed as a high tide of the above F, D 11 years old-old son, the above F and the second, the third, the tomb of avoidance, the third, the 22 years old son, and the tomb of its denial. [In the absence of any dispute over the recognition, the land of this case was installed.]

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