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(영문) 청주지방법원충주지원 2016.12.15 2016가단5378
소유권이전등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff’s prior-friendly net E acquired ownership on December 28, 1928, as the land that was owned by the Plaintiff, on December 28, 1928, by forging a false sales contract between E and F, and purchasing 1/7 shares of the instant land and holding 3/7 shares of the instant land to the Defendant on November 16, 201, by purchasing 3/7 shares of the instant land from two remaining two persons after completing the registration of transfer of 1/7 shares of the instant land by forging a false sales contract between E and six other persons.

B. The Defendant, despite being aware that the F’s share registration in the instant land is null and void, has completed the instant transfer registration in one’s name in collusion with F, and thus, the instant transfer registration must be cancelled by the registration of invalidity of cause.

C. The defendant asserts that the land of this case is owned by the clan G (hereinafter referred to as the "foreign clan"), but since the non-party clan's representative, its articles of incorporation, organization, and general assembly did not exist at all at the time when the land of this case was transferred in the name of non-party F and six persons, the above clan is a clan that does not have been lost

2. The facts recognized in a civil or criminal trial that have been recognized in another civil or criminal trial are not subject to detention in the judgment, but even if it is not subject to detention in another civil or criminal trial, the facts of recognition in the already established civil or criminal trial shall serve as a flexible evidence unless there are special circumstances not to be

(see, e.g., Supreme Court Decision 87Meu2832, 87Meu2833, Mar. 28, 1989). In addition, a clan is a naturally created group of the family that consists of the descendants of the previous common ancestor with an adult or higher male as its members, and is established by his/her own descendants at the same time as the death of the ancestor, and a special organizational act is required for its establishment.

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