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(영문) 인천지방법원 2017.11.10 2017가합53063
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against D (E) who is represented by the Plaintiff’s representative.

Reasons

1. Basic facts

A. Defendant B’s clan (hereinafter “Defendant B’s clan”) is a non-corporate association organized to promote the friendship among members of the clan and to carry out the religious business and other necessary business for descendants, and Defendant C is a clan member of the Defendant clan. The Defendant C is a clan member, who is a non-corporate association organized to serve the clan, to promote the friendship among members of the clan, to promote the religious business for descendants, and to conduct other necessary business.

B. Defendant clan has been operated without the president of the clan in accordance with five similar factors, such as H, I, J, K, L, etc., which was elected by the clan conference on October 15, 1951.

C. At the time of the enactment of the above 8th collective services protocol, J sold the land listed in the attached list 1 to 3 to the defendant clan, and the defendant clan used each real estate listed in the attached list 1 to 3 from that time.

On the other hand, Defendant clan’s joint members of F8 to “G” were “M, married with and self-famil,” and “P, Q,” “P,” and “R,” which were “M, married with and by self-familation,” respectively.

E. On August 5, 1992, Defendant C completed the registration of transfer of ownership based on inheritance by consultation division on June 9, 1992 with respect to the real estate listed in paragraph (4) of [Attachment List List No. 4] on August 5, 1992. On February 26, 2007, Defendant C completed the registration of transfer based on the trust on February 23, 2007 to Korea Asset Trust Co., Ltd., Ltd., which completed the registration of transfer of ownership based on the trust property on December 10, 209, and thereafter owned the above real estate as of the date of closing the argument of this case.

Article 1 (Name) This clan is referred to as "A clan."

The purpose of this clans is to contribute to the family and society by promoting the friendship between the business of permanently preserving and cultivating the ancestor worship and the members thereof, and by carrying out the breeding business and other necessary business for descendants.

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