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(영문) 전주지방법원 2015.08.28 2014가단39406
소유권이전등기말소
Text

1. The Defendants are the Jeonju District Court with respect to each of 1/3 shares of forest E 42,347 square meters in Jinandong-gun, Jinandong-gun.

Reasons

1. Facts of recognition;

A. On July 20, 1919, the forest E- 42,347 square meters in Jinandong-gun, Jinandong-gun (hereinafter “instant forest”) was examined in F on July 20, 19, and was adjudicated in F and G name on May 25, 1930.

B. On March 11, 1971, registration of preservation of ownership in the name of H, I, and J was completed with respect to the forest of this case.

C. The registration of ownership transfer was completed on October 2, 1974 in the name of K, L, M, D, and N on April 15, 1985 with respect to each of 1/5 shares of the instant forest land.

Plaintiff

On June 30, 1995, a clan completed the registration of ownership transfer based on sale on April 25, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) with respect to the forest of this case.

E. On August 12, 2013, the registration of transfer of ownership (hereinafter “instant ownership transfer”) was completed on June 20, 2013 by the Defendants with respect to each of the instant 1/3 shares among the forest land.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including able evidence), the purport of the whole pleadings

2. On the ground that the plaintiff sought the cancellation of the registration of the ownership transfer in the name of the defendants for the reason that the registration of the ownership transfer in the name of the defendants was invalid, the defendants asserted that the plaintiff's establishment of the clan did not give notice to the defendant D and C without convening a notification by the head of the literature or the head of the clan in holding the general meeting of the clan, and that the organization itself is unlawful and therefore does not have the ability to be a party (party).

A family member, a clan, and a naturally created family member for the purpose of protecting the graves of the common ancestor, conducting religious services, and promoting friendship among the clan members, does not require a special organization act or require the rules of sexuality, but adult male and female members from among the descendants of the common ancestor naturally become its members, and the representative, etc. elected according to the rules or customs of the clan.

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