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(영문) 광주지방법원순천지원 2015.02.03 2014가단72320
소유권이전등기
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for ownership confirmation against the Defendant Republic of Korea is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is composed of adult male members who are the successors of GC H 61 years of age, who are the descendants of GC H H 61 years of age, and is aimed at the friendship and mutual aid among clan members. The Plaintiff owns real estate including the area of 1,821m2, which includes the area of 1,821m2, and each real estate listed in the attached Table is owned by the Plaintiff’s clan.

B. On November 2, 1918, the Network K completed the registration of ownership transfer as to each of the real estate listed in paragraph (1) of the [Attachment List No. 1] on November 15, 1918 (former seven years), as to the real estate listed in paragraph (2) of the [Attachment List No. 2] on November 15, 1918, and L(Ms) and N(Os and Ps) on March 3, 1942 (No. 17 years) on March 3, 1942.

C. The defendant Republic of Korea completed the registration of change of ownership by way of the error in application under No. 4381 and No. 4382, August 7, 2004, on the ground that each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is reverted to the right on December 10, 1995. The defendant Republic of Korea completed the registration of transfer of all co-owners’ share transfer on the ground of the title assignment on March 28, 1996, Nos. 1458 and 1459, respectively, and completed the registration of change of ownership. D.

Q, the representative of the Plaintiff, paid taxes on each of the instant real estate in 1995.

【Fact that there has been no dispute, entry in Gap 1 through 4, and 6 (including each number), the purport of the whole pleadings

2. The Plaintiff’s judgment on the claim for cancellation of the registration of ownership transfer against Defendant Republic of Korea was based on the title trust in the name of clan L, and each of the instant real estate was held in title trust with respect to one-half shares of each of the instant real estate on the ground that the Plaintiff was disqualified in order to prevent a voluntary disposal, and the Defendant Republic of Korea completed the registration of ownership transfer with respect to one-half shares of N among the instant real estate for reasons of reversion of rights without a legitimate title.

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