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(영문) 창원지방법원 2013.12.19 2013가단2620
소유권이전등기
Text

1. The Plaintiff: (a) 3,967 square meters of C Forest in Kimhae-si; (b)

(a)In respect of shares of 3/44, Selected D:

B. Defendant (Appointed Party).

Reasons

1. Facts of recognition;

A. M, N,O, and P completed the registration of transfer of ownership based on sale under No. 9355, Oct. 26, 1930, as to each of 1/4 shares of forest land 3,967 square meters (hereinafter “the instant forest”).

B. On November 19, 2007, the share 1/4 of the instant forest land was transferred to Q on the ground of inheritance, and the transfer registration was again completed on April 8, 201 on the ground of donation on April 1, 2011 to the Plaintiff.

C. On September 24, 2012, the share 1/4 of the instant forest land was transferred to R on September 24, 2012 due to inheritance due to consultation and division, and the transfer registration was completed on September 24, 2012 on September 24, 2012 on the Plaintiff.

Following the death of the above N and its own S, the Defendant (Appointed Party; hereinafter referred to as the “Defendant”) succeeded to 1/4 shares of the above N, D, F, G, and E, respectively. As a result, the designated parties D acquired shares of 3/44, Defendant B, and the designated parties F, G, and E, respectively.

E. The above P’s share 1/4 due to the death of the aforementioned P and its own T succeeds to the Selection H, I, J, K, and L, respectively. Accordingly, the Selection H acquired 2/44 shares in the instant forest as well as 3/44 shares, Appointors I, J, K, and L, respectively.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the defendant's assertion 1) The plaintiff is not a natural-generating group, but an organization artificially made in 1996, which is organized to receive adult wishes to participate. Even if its members, the plaintiff is UC 21 years old (WC X's 16 years old X's 16 years old Y, which consists of only part of the descendants, and UC 23 years old Y's Y's Y.

Therefore, the plaintiff cannot be viewed as a clan with a unique meaning that consists of descendants who gather the above X as a middle group, but is a non-corporate association similar to a clan.

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