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(영문) 서울고등법원 2015.09.04 2015나2013810
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 3 and Eul evidence 1:

The plaintiff is a clan, the purpose of which is to protect the graves of the common ancestor members, to maintain their religious services, and to promote friendship among the clan members with the aim of protecting the graves of the common ancestor members among the descendants who are 14 years of age or older of the K Si L, who have reached majority among the descendants of the common ancestor.

On August 24, 1967, the copy of the register (No. 3) of the instant land on August 24, 1967 with respect to one-third share of the AJ 37,982 square meters (No. 3 square meters) of the land in this case (hereinafter “instant land”). However, in light of the description of the recipient of the evidence No. 10, the above receipt date on the register appears to be a clerical error in the “No. 24, 1967,” while the ground for registration is the “No. 23, 1967,” and the “No. 24, 1960.”

Three persons, such as F, J, Co-Defendant E in the first instance court, who are the plaintiff's clan.

The registration of ownership transfer was completed in the name of August 23, 1967. The F died on February 20, 2014, when the lawsuit of this case was pending, and the Defendant and I took over the legal proceedings. The gist of the parties’ assertion is that the land of this case is the land that the Plaintiff clan registered in trust to three persons, including the F, etc., and the Plaintiff declared that the title trust contract is terminated by the delivery of a duplicate of the complaint of this case.

Therefore, the Defendant, a party to the net F’s lawsuit, is liable for the Plaintiff as the heir of F, one of the title trustee, to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to one’s own shares in the instant land among the instant land.

The defendant's assertion is not only an organization formed to cope with the partition of co-owned property instituted by AI, but also the land of this case was sold by the networkF in its name.

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