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Reasons
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(영문) 대전지방법원 2013.04.25 2012나102009
소유권이전등기
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1. Revocation of a judgment of the first instance;

2. On January 1, 2012, the Defendant, as to each real estate listed in the separate sheet, to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan A whose purpose is to provide mutual assistance between the ancestor worship and the descendants and is to provide mutual assistance among the ancestor worships and the descendants who are 20 years of age or older from B C, who is 18 years of age or older.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is currently unregistered, and the K cadastralwon map drawn up in 1913 includes the name “F” (no land survey book) and on May 1, 1955, the land cadastre restored to the instant real estate is indicated as the address column, the owner’s “five persons,” or “H and five persons,” respectively.

C. The “F” died on March 15, 1923; L/M was dead on March 3, 194; L died on March 3, 194; N,O, P, and Q; N died on September 1, 1954 with I and R.

G There is S in the latter hand. D.

I actually owned the real estate of this case by the Plaintiff, and it is externally owned by “F” due to the fact that the “F”, who is one of its constituent parts, was in title trust, was in fact the situation, and he succeeded to the real estate of this case by inheritance in accordance with the former custom, and accordingly, filed a lawsuit against the State, Daejeon District Court 2006Da75365 (hereinafter “related lawsuit”), such as confirmation of ownership of the real estate of this case, which is unregistered land. On June 29, 2007, the said court stated “F” as the cadastral source of the real estate of this case as “F,” and the said court stated “F” as the owner of the real estate of this case. However, it cannot be presumed that the real estate of this case was actually owned by the Plaintiff and the “F” of this case was the owner of the real estate of this case, and even according to I’s assertion, the real estate of this case is the owner of the land of this case or the “other than the owner of the land of this case.”

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