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(영문) 대전지방법원 홍성지원 2018.05.24 2017가합688
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a clan of which D 7 years old E is a joint ancestor, and the plaintiff is a clan of which the 22 years old E is a joint ancestor.

In other words, the plaintiff is a subordinate to the defendant.

B. Each land listed in the separate sheet (hereinafter “instant land”) is all the land divided from the Hongsung-gun G forest, Chungcheongnam-gun, as seen in the right-hand map.

(C) On November 27, 1925, H, the grandchildren of F, completed registration of preservation of ownership on the following grounds: (a) on November 27, 1925, the part remaining in green is G forest before subdivision.

After that, on December 29, 1962 with respect to the instant land and the said G forest, the registration of ownership transfer was completed for the instant land and the said G forest by H on December 29, 1962, and the ownership transfer registration was completed for the following reasons: C and 19 others.

After June 28, 1995, the defendant completed the registration of ownership transfer based on donation under the Act on Special Measures for the Registration, etc. of Ownership Transfer.

C. F was born in 1862 and died on January 3, 1942 (as a result, November 17, 1941, 1941). F’s son died on June 17, 1922 as F’s son, and F’s son died on July 11, 1950, and H’s son was born on K date.

[Ground of recognition] Facts without dispute, Gap evidence 6 through 16 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 2 and 3, the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s land and the Defendant’s land are separate in each of the Plaintiff’s claim for the Plaintiff’s land and the Defendant’s land owned. The Plaintiff and the Defendant respectively have a separate manager to manage the land owned by each of them. The land owned by the Plaintiff is limited to F, its lineal ascendants and descendants, and descendants of the Plaintiff clan.

With respect to the instant land owned by the Plaintiff, the Plaintiff entrusted the title of ownership to H, who is a son at the time of the assessment and preservation registration.

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