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(영문) 창원지방법원 2015.04.29 2014나7715
소유권이전등기
Text

1. The judgment of the first instance is as follows, including the Plaintiff’s conjunctive claim against the Defendants added at the trial.

Reasons

1. The corresponding part of the judgment of the first instance court of basic facts is the same;

(main sentence of Article 420 of the Civil Procedure Act). 2. Claim against Defendant B

A. 1) The plaintiff, who is a clan member comprised of descendants of G, who is 11 years of age in F, was registered under title trust with the representative of the clan, and thereafter, was in the name of H to manage each of the land of this case. After which he had K manage it, he was again registered under title trust with K's birth and the father of Defendant B, and completed registration of preservation of ownership in his name.

B) However, following the death of Defendant B, Defendant B constitutes his/her property heir, and the Plaintiff terminates the title trust as a duplicate service of the instant complaint. C) Accordingly, Defendant B is obligated to implement the procedure for the registration of ownership transfer with respect to each of the instant land to the Plaintiff.

2) In order to recognize that certain land is owned by a clan, which is a property owned by the clan at the time of circumstances, and was trusted to another person under the name of the clan at the time of circumstances, it can be recognized only when there are many indirect materials that can only be recognized as owned by a clan prior to the fact that the land had been proved by the process or contents owned by the clan or that there were several circumstances prior to the circumstance, and if there are no sufficient evidence to prove such materials and there are facts opposing to the contrary, it shall not be acknowledged (see, e.g., Supreme Court Decision 2008Da37247, Oct. 29, 2009). In a case where a certain land is provided as a tomb for the installation of a specific grave related to a clan, the clan can acquire its ownership directly and establish it as a clan property, and an individual's land specially owned by the descendants may be specially created as a tomb. Thus, the fact that it is a clan immediately after the fact that it is a clan.

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