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(영문) 창원지방법원진주지원 2016.09.23 2015가단37272
소유권확인
Text

1. Of the instant lawsuit, the part of the claim against the Defendant Republic of Korea is dismissed.

2. The plaintiff's defendant B, C, D, E, F, G.

Reasons

1. The Plaintiff’s actual owner of the instant real estate is the Plaintiff.

The Plaintiff trusted the instant real estate to the deceased I (the deceased, 1929, hereinafter “the deceased”). On July 1, 1913, the Deceased was assessed on the instant real estate.

Defendant B, C, D, E, F, G, and H are the final inheritors of the deceased. As such, the said Defendants are obligated to implement the registration procedure for ownership transfer on the ground of the cancellation of title trust on the last day of service of the complaint of this case with respect to the instant real estate to the Plaintiff. Defendant Republic of Korea, who subrogated the said Defendants, only entered the deceased’s name on the land cadastre’s land cadastre’s land cadastre’s name and did not indicate his address, is obligated to confirm that the said Defendants owned the instant real estate in proportion to their respective statutory shares

2. In the case where the plaintiff's claim against the defendant B, C, D, E, F, G, and H is disputed whether or not the title trust for a certain land exists between the registered titleholders, the fact that a clan with an organic organization has been established at the time when the registration of the registered titleholders in the future is completed is proved, and the next land is proved directly by the process or content of the clans, the relationship between the registered titleholders and the clans, if several registered titleholders, the relationship between the registered titleholders, the developments the registration was completed in the future, the status of the establishment of the clans centering on the common ancestor, the number and the deceased status of the graves, the size and management status of the land, the receipt of profits from the land, the payment relationship of taxes and public charges, and the relation with the registration certificate, etc., if there is considerable material to view that the land is owned by the registered titleholders in the future, it may be recognized that the land is trusted in the future as the ownership of the clans.

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