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(영문) 대구고등법원 2012.05.10 2010나5367 (1)
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The substance of the Plaintiff’s clan is the clan naturally created by its descendants in order to promote the religious rites, the validity of graves, and the friendship among the members of the clan with the AO, who is eight years of age or older of the Sin of the AM set up by the AM set up.

B. On May 13, 1985, the registration of ownership transfer in the name of the plaintiff was completed as of May 13, 1985 with respect to each real estate listed in the separate sheet (i) concerning the pre-litigation and the transfer of ownership between the plaintiff clan and the defendant Eul (if each of the above real estate is referred individually, referring to 'the first real estate', 'the second real estate', 'the second real estate', etc. according to the sequence in the separate sheet, and 'the second real estate' in the case of 'the second real estate'.

(2) On March 11, 2008, Defendant B filed a lawsuit against the Plaintiff clan seeking the implementation of the procedure for the registration of ownership transfer for each of the instant real estate on the ground of the agreement on December 22, 1998 (Seoul District Court 2008Gahap2603, hereinafter “the lawsuit for the registration of ownership”). At the time of the lawsuit, Defendant B indicated the Plaintiff’s clan’s representative as Defendant B’s domicile as Defendant B, and applied for the correction of the indication of the party from Defendant B to Defendant B’s representative as Defendant B’s general secretary D.

(3) The adjudication division in charge of the preceding lawsuit served a copy of the complaint and a copy of the written application for correction of the indication of the party, as the representative D of the plaintiff clan, and the service place as the defendant Eul-gu E, the domicile of the defendant Eul. Among them, the copy of the written application for correction of the indication of the party was served on March 20, 2008, and the copy of the written application was served on March 20, 2008.

4. 21. Defendant B’s cohabitant (spouse) received each service place.

(4) The full bench in charge of the prior suit does not submit a reply, etc. even though the plaintiff served a copy of the complaint of the prior suit, and June 2008.

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