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(영문) 전주지방법원군산지원 2014.04.17 2013가합609
신탁해지를 원인으로 한 소유권이전등기
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit are all the Plaintiff, including the costs incurred by the supplementary participation.

Reasons

1. Facts of recognition;

A. The relevant defendant clans of the parties are the clans that are 14 years of age in F-14, and three children, including H, I, and J, are those of H, I, and the plaintiff clans were the joint members of H, but the defendant's intervenor is the defendant's joint members of the defendant's intervenor, the defendant's defendant is the defendant's defendant's defendant's joint members of the plaintiff's defendant 1, and the defendant's defendant's defendant is the defendant's joint members of the defendant 1

B. On February 28, 1919, the forest land of this case E 33,223 square meters (hereinafter “the forest of this case”) is deemed as losses and losses of the Plaintiff clan in the name of the Defendant clan, which is losses and losses, in relation to the registration of the forest of this case.

After the circumstances were taken place, registration of ownership preservation was completed in the name of the defendant clan on September 2, 1994 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502).

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The summary of the plaintiff clan's assertion is that the forest land of this case is the clan of the plaintiff clan, which was assessed under the name of L and M, which is the clan of the plaintiff clan, and thus, the plaintiff clans title trust is terminated by the service of the complaint of this case. The defendant clans have a duty to implement the registration procedure for ownership transfer on the forest land of this case for the plaintiff clans for the cancellation of the above title trust.

B. The argument that the plaintiff 1-related legal principles had registered the forest of this case in the manner of the title trust in the name of the defendant clan, is premised on the argument that the forest of this case was owned by the plaintiff clan before the situation, and that the forest of this case was trusted in the name of two persons who are the names of the situation.

In order to recognize that certain land is owned by a clan, and was trusted to another person under the name of the clan at the time of the circumstance, the existence of a clan with an organic organization at the time of the circumstance is proved by the process or content of the land owned by the clan, or by taking into account various circumstances.

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