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Reasons
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(영문) 광주지방법원 2017.09.14 2016나58351
소유권이전등기
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1. Revocation of the first instance judgment.

2. As to each land listed in separate sheet 1, 2, and 4, to the Plaintiff:

A. Defendant.

Reasons

1. Basic facts

가. 당사자들의 지위 1) P대문중은 E씨 1세 조(祖)인 Q를 공동시조로 하는 대종중이고, 원고 종중은 E씨 10세 조(祖)인 F를 공동시조로 하는 소종중이다. 2) 망 G는 E씨 29세손으로 원고 종중의 종손이었고[E씨대동보 자손록(갑 제12호증)에는 이름이 R, 초휘가 G로 기재되어 있다], S는 E씨 31세손으로 망 G의 손자이며, 피고들은 E씨 32세손으로 망 G의 증손자들이다.

B. The ownership relationship 1) G on October 6, 1915, 1915, as indicated in the instant land ledger, is the land attached Table 1 (hereinafter “instant land”).

(2) On June 21, 1917, G was assessed on the attached Table 2 (hereinafter “instant land”).

3) G on December 3, 1917, G is the land attached Table 3 (hereinafter “instant third land”).

(4) On December 10, 2017, G was assessed on the 4 attached Table No. 4 (hereinafter “instant land”).

C. 1) The Defendants completed the registration of ownership transfer with respect to the land No. 1 in this case, which was received on December 30, 1992 by the Seoul District Court Seoyangyang Registry on December 30, 1992. 2) G completed the registration of ownership transfer with respect to the land No. 2 in this case, around May 15, 1976. The Defendants completed the registration of ownership transfer with respect to the land No. 2 in Gwangju District Court (No. 11514, Dec. 30, 1992) due to the family inheritance on February 6, 193, 193 (Provided, That the family heir S died on May 17, 1987, and after consultation division), the registration of ownership transfer with respect to the land No. 2 in this case as the Defendants joint ownership.

3) The Defendants and T (the mother of the Defendants), U,V, and W had completed the registration of the preservation of ownership of the contents of the third land in common owned by the Defendants, U, V, and W (1/23) as of May 20, 1993 by the 4306 Receipt Office of Gwangju District Court (6/23), the Defendant B (6/23), the Defendant C (4/23), the Defendant C (4/23), the Defendant D (4/23), U (1/23), V (1/23), and W (1/23) as of June 30, 203 by the Plaintiff, U, V, and W (1/23).

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