(영문) 서울서부지방법원 2016.04.07 2015나33971

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(영문) 서울서부지방법원 2016.04.07 2015나33971

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why a member of a party states this part of the basic facts are as stated in the relevant part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion is the ownership of a clan consisting of descendants of the deceasedO, which is owned by each of the five co-owners, including the Defendant, under title trust. The five co-trustees divided the forest land of this case into the co-owned property partition method on May 29, 2013, and the head of each of the co-owners and co-owners of each of the co-owned houses passed a resolution to divide the forest land of this case into the co-owned property partition method. Thus, the Defendant is obliged to perform the registration procedure for ownership transfer as to the portion equivalent to the Plaintiff’s share of the forest of this case out of the forest of this case.

B. As alleged by the Plaintiff, even if the mother land of this case is the ownership of a clan consisting of descendants of the deceasedO, and the land trusted in title to five members of each house of the defendant et al., it is difficult to believe in light of the entries of No. 10 and the statements of No. 4 (including the serial number) as well as the statement of No. 11-1 and No. 2, and there is no evidence to prove otherwise.

In addition, as alleged by the Plaintiff, the mother land of this case was the property of a clan consisting of descendants of the deceasedO, and on May 29, 2013, five co-owners of the mother land of this case including the Defendant divided the mother land of this case into the co-owned property partition method by the five co-owners, and the five above five co-owners agreed to divide the mother land of this case into the group of co-owned property.

Even if the property of a clan belongs to the collective ownership of the members of the clan, it is stipulated in the regulations of the clan first.

참조조문

-민사소송법 제420조

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