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(영문) 울산지방법원 2020.10.16 2018가단6456
소유권이전등기절차이행
Text

Of the 1,375 square meters in Daegu Dong-gu H, the Plaintiff, Defendant B, and G, each of 1/5 shares, Defendant C, D, and E, each of 1/35 shares, and Defendant F.

Reasons

1. Basic facts

A. The Plaintiff is a subordinate to the Plaintiff, i.e., the 20-year-old 20-year-old J descendants, who are 26 years-old K in Ulsan Island.

B. On November 10, 1919, the registration of ownership transfer was completed in the name of the deceased L with respect to the real estate as stated in the Disposition No. 1 (hereinafter “instant land”).

C. L was deceased on July 9, 1939; his spouse M on April 29, 1971; on May 19, 1951, Defendant B andO, net P, net Q, and net R, each of which was his wife, succeeded to L at the ratio of 1/5.

The deceased on January 26, 1982, the deceased on January 26, 1982, and the deceased on January 20, 1998, Defendant D, E, C and S, T, and the deceased on January 20, 198 and succeeded to U by Y, Z, and AA, each of their children;

The network V network V died on August 10, 199, and the AB and the AC and the AD, the spouse, inherit each V.

Each P succeeded to the proportion of 1/7.

E. On March 31, 1996, the net Q succeeded to each of Defendant F, W, and X’s succession to Q at 1/3 ratio.

F. The deceased on May 5, 1957, Defendant G succeeded to the R.

[Based on the recognition] Defendant B, D, E, F, and G: The absence of dispute over the facts, Gap 1, 3, 5, 6, 7, and Eul 1 through 3, and the purport of the whole pleadings as to the defendant C: The judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. All defenses of Defendant B, D, F, and G on the merits of the case;

A. The gist of the defense is to seek implementation of the ownership transfer registration against the above Defendants, who are the successors of L, on the ground of termination of title trust. The above Defendants asserted to the effect that the instant lawsuit is unlawful, since they are not clans unique to the Plaintiff, they cannot make the instant claim, or have no capacity to do so, and there is no legitimate resolution of the general meeting of clans as to the instant lawsuit

B. A clan 1 as to whether the plaintiff's ability to be a party is a natural family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the relevant vessel, protecting the remains of the deceased and promoting friendship among descendants, which is the death and descendants of the relevant vessel at the same time.

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