When the establishment of the registration of the right to collateral security is invalid, seizure of the right to collateral security also becomes invalid.

Where the establishment of a mortgage registration of a delinquent taxpayer's collateral security becomes null and void by a judgment on transfer of ownership, the attachment disposition of the delinquent taxpayer's collateral security based on the initial appearance shall also be null and void.

2012 Gohap392 Cancellation, etc. of registration of initial ownership

Chapter AAAAA

As shown in the attached Table 1 (OS newOCO type, et al., Counsel for the defendant-appellant)

June 12, 2013

July 3, 2013

1. The plaintiff, and the plaintiff

(a) with respect to OOO 000-1 large 799 square meters on the port side of the wife population in Chicago-si, and

1) As for Defendant OO integrated construction, Suwon District Court's Suwon District Court's registry office of March 11, 2003, when the transfer of ownership was completed under No. 30804 of the receipt, and

2) Defendant OOO cooperative, and the registration procedures for cancellation of the registration of the establishment of a neighboring mortgage completed under No. 004090 of the same registry office on December 17, 2003, the registration of the establishment of a superficies completed under No. 004091 of the same registry office on December 17, 2003, and the registration procedures for cancellation of the registration of the establishment of a neighboring mortgage completed under No. 00973 of the receipt on September 12, 2005, are carried out.

B. With respect to the above OO 000-14 large 426 square meters, and

1) As for Defendant OO integrated construction, Suwon District Court's Suwon District Court's registry office of March 11, 2003, when the transfer of ownership was completed under No. 30804 of the receipt, and

2) Defendant KimOOO shall have the time of transfer of ownership, etc. completed on March 17, 2004 by the same registry office No. 34366.

3) The Defendant OO bank is the registration of establishment of a neighboring establishment which was completed on May 28, 2007 by the receipt No. 100536 of the same registry office.

Implementation of the registration procedure for cancellation, and

(c) with respect to the above OO 000-17 large 478 square meters, and

1) As for Defendant OO integrated construction, Suwon District Court's Suwon District Court's registry office of March 11, 2003, when the transfer of ownership was completed under No. 30804 of the receipt, and

2) Defendant KimO shall have the time of transfer of ownership, etc. completed on February 20, 2004 by the same registry office No. 19594, and

3) Defendant OO mutual savings bank is the registration of establishment of a neighboring mortgage completed on January 12, 2007 by the receipt No. 7336 of the same registry office.

Implementation of the registration procedure for cancellation, and

D. In the case of Defendant OO integrated construction, the procedures for registration of cancellation of ownership transfer registration completed under No. 30804 of the receipt of March 11, 2003 are implemented with respect to the above OOO 000-00 miscellaneous land 280 square meters in the same registry office.

(e) with respect to the above OO 000-19 201 square meters on the road, and

1) In the case of Defendant OO integrated construction, the registration of transfer of ownership completed under No. 30804 on March 11, 2003 at the same registry office, and

2) Defendant UOO is with respect to share 237/105 of the above land, while Defendant UOO is with respect to share 158/1005 of the above land, and Defendant JO is with respect to share 79/201 of the above land, and with respect to share 79/201 of the above land, the ownership transfer registration completed under No. 14534 of the receipt on September 23, 2004.

Implementation of the registration procedure for cancellation, and

F. With respect to the above OOO 000-15 Miscellaneous land 545 square meters, and

1) In the case of Defendant OO integrated construction, the registration of transfer of ownership completed under No. 30804 on March 11, 2003 at the same registry office, and

2) Defendant OO shall implement the procedure for each cancellation registration of ownership transfer registration completed on December 3, 2003 by the same registry office under No. 177364.

(g) The defendant OO Bank, Inc., is engaged in, and

1) 위 OOOO리 000-7 임야 4，287㎡， 위 OOOO리 000-8 임야 41㎡， 위 OOOO리 000-13 임야 19㎡ 및 위 OOOO리 000-14 임야 0003㎡에 관하여 같은 등기소 2012. 1. 13. 접수 제5819호로 마친 근저당권설정등기의，

2) With respect to the registration of establishment of a neighboring mortgage completed under No. 149013 of October 01, 2010 with respect to OOOOOO 00-22 forest, 1,780 square meters, each procedure for cancellation of registration of creation of a superficies completed under No. 149014 of the same date of receipt by the same registry shall be implemented, and

H. As to the registration of cancellation of the registration of the establishment of a neighboring mortgage completed under No. 1429 on February 5, 2003 by the same registry office with respect to the above OOOO 00-14 forest land, Defendant Republic of Korea has expressed an intention of acceptance, and

I. As to the above OOO 00-19 Forest land 2,350 square meters

1) Defendant KimO shall implement the procedures for registration of cancellation of the registration of the establishment of a neighboring mortgage completed on July 23, 2008 by the same registry office No. 106850, and

2) With respect to the registration of cancellation of ownership transfer registration completed under No. 57239 on April 22, 2004, Defendant O Insurance Co., Ltd., and OO Bank, the OO insurance Co., Ltd., and the O bank have expressed their intention of each acceptance.

(j) As for the construction of OO integrated, the procedures for the cancellation of ownership transfer registration completed on March 20, 2003 by the receipt of No. 3604 on March 20, 2003 with respect to the 000-5 large scale 681 square meters, and the procedures for the cancellation of each registration of creation of superficies completed on March 0, 1974 by the same registry office with respect to the 000-4 large scale 495 square meters and 12 square meters in the above OOOO-4 large scale 495 square meters in the above 400-5 forest, and the procedure for the cancellation of each registration of creation of superficies completed on March 00, 1974.

(l) with respect to the above OO 000-6 large 670 square meters, and

1) In the case of Defendant OO integrated construction, the registration of transfer of ownership completed under No. 3604 on March 20, 2003 at the same registry office, and

2) The registration of establishment of a neighboring establishment that was completed on November 28, 2003 by the same registry office and the establishment of superficies that was completed on the same day by the same registry office under Article 174746 of the same registry office.

Implementation of the registration procedure for cancellation, and

(m) with respect to the above OO 000-10 large 480 square meters, and

1) In the case of Defendant OO integrated construction, the registration of transfer of ownership completed under No. 3604 on March 20, 2003 at the same registry office, and

2) The defendant OO cooperative shall establish the establishment of a neighboring mortgage on August 29, 2007, which was completed under No. 197955, by the same registry office.

Implementation of the registration procedure for cancellation, and

(n) In the case of Defendant OO integrated construction, the procedures for the registration of cancellation of ownership transfer registration completed on March 20, 2003 by the receipt No. 3604 on March 20, 2003 with respect to the 000-16 large scale 483m2, Defendant OO integrated construction, Co., Ltd., Ltd., were carried out, and followed. As regards the 111m2 on the above OOO-13 road.

1) In the case of Defendant OO integrated construction, the procedures for registration of cancellation of E-friendly transfer of ownership are carried out as of March 20, 2003 by the same registry office, as of March 20, 2004.

2) Defendant Korea Labor Welfare Corporation has expressed its intention of acceptance for the registration of cancellation of the above transfer of ownership.

2. The plaintiff's claims for the defendantOccassO, taxO, EO, EO, EO, the lastO, the lastO, the laO, the lastO, the taxO, the taxO, the lyO, the lyO, the lyO, the oO, the lyO, the oO, the twoO, the oO, the twoO, the twoO, the O, the O, the twoO, the O, the twoO, the O, the O, the O, the twoO, the O, the O, the O, the O, the O, the la, the la, the twoO, and the laO.

3. Of the costs of the lawsuit, the costs incurred between the plaintiff and the defendant Occ newO, taxO, taxO, oO, KimO, tyO, tyO, plyO, laO, plyO, glyO, lyO, lyO, lyO, lyO, lyO, lyO, lyO, lyO, lyO, o, lyO, lyO, lyO, lyO, oO, lyO construction, oO, lyO, lyO, lyO, lyO, O, O, lyO, lyO, lyO, lyO, lyO, oply, py, oply, oply, oply, OO, o insurance, o-O and o-O-O-O-O-O-O-O-O-O-O-, and O-O-O-O-O-O-O-, and O-O-O-, respectively.

Attached Table 2 shall be as listed in the attached Table 2.

1. Basic facts

(a) Land assessment, preservation of ownership, etc.;

1) 분할 전 경기 용인군 모현면 OOOO리 산 00 임야 6정 3단 6무보(이하 '이 사건 사정 토지라고 한다. '경기 용언군 모현면 OOOO리'는 나중에 '경기 용인시 모현면 OOOO 리'로 행정구역 명칭이 변경되었다. 이하 모두 변경된 행정구역으로 표시하되， '경기 용인시 모현면'은 생략한다)는 1900.(大正 7년) 12. 6.경 류OO(柳OO)이 사정받은 것으로 토지조사부에 기재되어 있는데， 이 사건 사정 토지에 대한 지적공부는 6 . 25 전란으로 소실되었다.

2) 이 사건 사정 토지는 그 후 OOOO리 산 00-1 임야 6정 3단 2무보(62，678㎡， 이하 '이 사건 제1 분할 토지'라고 한다)와 OOOO리 산 00-2 임야 4무보(436㎡， 이하 '이 사건 제2 분할 토지'라고 한다)로 분할되었다. 이 사건 제1분할 토지에 관하여 1971. 12. 20. 수원지방법원 용인등기소(이하 '용인등기소'라고 줄여 쓴다) 접수 제15，883호로 OO씨OOOO파종중 명의로 소유권보존등기가 경료되었다. 그리고 이 사건 제2 분할 토지에 관해서는 1953년경 OOOO리 000-1 임야 436㎡ 로 등록전환된 후， 0005. 1. 19. 용인등기소 접수 제969호로 OO씨OO공파종중 명 의로 소유권보존등기가 경료되었다.

B. The first subdivision on May 24, 1995, including the subdivision of the land of this case and the transfer of ownership

이 사건 제1 분할 토지는 1995. 5. 24. OOOO리 산 00-1 임야 2，740㎡， OOOO리 산 00-2 임야 57，305㎡ 및 OOOO리 산 00-3 임야 2，633㎡로 분필되었다.

2) On May 25, 1995, the above land was registered after registration conversion into 2,729 square meters on the OOOO 00-1 forest land, 2,740 square meters, and 203 square meters on the part of OO 000-1 miscellaneous land.

11. 000. OOOO리 0000-1 잡종지 779㎡， OOOO리 0000-14 잡종지 1，385㎡ 및 OOOO리 0000-15 잡종지 545㎡로 분필되었다. 그 중 OOOO리 0000-14 잡종지 1，385㎡는 2004. 2. 3. 다시 OOOO리 0000-14 잡종 지 426마， OOOO리 0000-17 잡종지 478㎡， OOOO리 0000-00 잡종지 280㎡ 및 OOOO리 0000-19 잡종지 201㎡로 분필되었다. 그리고 OOOO리 0000-1 잡종지 779㎡는 2008. 1. 31.에， OOOO리 0000-14 잡종지 426㎡는 2004. 2. 3.에， OOOO리 0000-17 잡종지 478㎡는 2004. 3. 29.에 각 대지로， OO리 0000-19 잡종지 201㎡는 2004. 2. 3.에 도로로 각 지목변경되었다. 이러한 분필 관계 등을 표로 정리하면 다음과 같다.

(The following table omitted):

B. Registration of transfer of ownership

The above registration conversion and subdivisions. With respect to each of the above lands after the land category change, registration such as the entry of the claim in the annexed sheet has been completed, and it is re-established in the table as follows:

(i)common registration:

(Omission)

(b) Registration by land:

2) The process of subdivision of an OOO 00-2 forest land of 57,305 square meters and the process of subdivision of ownership transfer, etc.

On October 31, 2002, the above land is subdivided into 00-2 forest land 00-2 forest land 56,798 square meters and 00-4 00-4 m207 m2, and the above OOOOO m2 56,798 m2 was subdivided into 00-2 forest land and 00-5 m2 948 m2,000 m2 on November 1, 2002.

그리 고 위 OOOO리 산 00-2 임 야 55，850㎡는 2004. 4. 22. OOOO리 산 00-2 임 야 9，091㎡， OOOO리 산 00-6 임 야 650㎡' OOOO리 산 00-7 임 야 302㎡' OOOO리 산 00-8 임야 580㎡， OOOO리 산 00-9 임야 4，132㎡， OOOO리 산 00-10 임야 302㎡' OOOO리 산 00-11 임야 4，067㎡， OOOO리 산 00-12 임야 1，007㎡ ， OOOO리 산 00-13 임야 3，303㎡， OOOO리 산 00-14 임야 1，983㎡， OOOO리 산 00-15 임야 2，896㎡， OOOO리 산 00-16 임야 6，247㎡， OOOO리 산 00-17 임 야 7，381㎡， OOOO리 산 00-00 임 야 2，344㎡， OOOO리 산 00-19 임 야 2，350㎡， OOOO리 산 00-20 임 야 3，306㎡' OOOO리 산 00-21 임 야 2，941㎡， OOOO리 산 00-22 임야 1，780㎡， OOOO리 산 00-23 임야 1，008㎡로 분필되었다. 위 OOOO리 산 00-2 임 야 9，091㎡는 2011. 11. 15. OOOO리 000-7 임 야 9007㎡ 로 등록전환된 후 2011. 11. 17. OOOO리 000-7 임야 4287㎡， OOOO리 000-12 임야 4800마로 분할되었다.위 OOOO리 산 00-4 임 야 507㎡는 2002. 10. 31. OOOO리 000-4 임 야 507㎡로 등록전환된 후， 같은 날 OOOO리 000-4 임야 495㎡와 OOOO리 000-5 임야 12 ㎡로 분할 되었고， 위 000-4 임야 495㎡는 같은 날 대지로 지목이 변경되었다. 위 OOOO리 산 00-5 임야 948㎡는 2002. 11. 1. OOOO리 0000-5 임야 948㎡로 등록전환된 후， 같은 날 OOOO리 0000-5 임야 681㎡와 OOOO리 0000-8 임야 267㎡로 분필 되었고， 같은 날 OOOO리 0000-5 임야 681㎡는 대지로， OOOO리 0000-8 임야 267㎡는 도로로 각 지목변경되었다. 위 OOOO리 산 00-7은 2011.11. 15. OOOO리 000-8 임 야 333㎡로 등록전환된 후， 2011. 11. 17. OOOO리 000-8 임 야 41㎡， OOOO리 000-13 임 야 19㎡， OOOO리 000-14 임야 0003㎡로 분할되었다. 위 OOOO리 산 00-8은 2011. 11. 15. OOOO리 000-9 임야 643㎡로， 위 OOOO리 산 00-10은 2011. 11. 15. OOOO리 000-11 임 야 304㎡로 각 등록전환되 었다. 이러한 분필 관계 등을 표로 정리하면 다음과 같다.

(Omission of List)

B. Registration of transfer of ownership

The above registration conversion and subdivision are made. Registration, such as the entry in the purport of the claim in the attached Form, has been made with respect to each of the above lands after the land category has been changed, and it is re-established in the

(i)common registration:

(Omission)

(b) Registration by land:

(Omission)

3) The process of subdivision in which an OOO 00-3 forest 2,633 square meters are subdivided and the ownership transfer registration is registered).

위 토지는 2002. 10. 29. OOOO리 0000-6 임야 2，795㎡로 등록전환된 후， 같은 날 OOOO리 0000-6 임야 670㎡， OOOO리 0000-9 임야 195㎡， OOOO리 0000-10 임야 1，076㎡ 및 OOOO리 0000-11 임 야 854㎡로 분필되 었다. 그 후 OOOO리 0000-6 임야 670㎡는 2003. 3. 20. 대지로， OOOO리 0000-9 임야 195㎡는 도로로 각 지목변경되었다. 위 OOOO리 0000-10 임 야 1，076㎡는 2003. 5. 17. OOOO리 0000-10 임야 965㎡와 OOOO리 0000-13 임야 111㎡로 분할된 후， 같은 날 OOOO리 0000-10 임야 965㎡는 대지 로， OOOO리 0000-13 임야 111㎡는 도로로 지목변경되었다. 그리고 OOOO리 0000-10 대 965㎡는 2003. 11. 000. OOOO리 0000-10 대 482㎡와 OOOO리 0000-16 대 483㎡로 분필되었고， 위 OOOO리 0000-10 대 482㎡는 2007. 8. 8. 다 시 OOOO리 0000-10 대 480마와 OOOO리 0000-20 대 2㎡로 분필되었다. 이러한 분필 관계 등을 표로 정리하면 다음과 같다.

(Contents) The following:

B. Registration of transfer of ownership

The above registration conversion and subdivisions. The registration of each of the above lands after the land category change has been completed, such as the entries in the purport of the claim in the attached Form, but the land is re-divided in the table as follows:

(i)common registration:

(Omission)

(b) Registration by land:

(Omission)

(c) Separation, etc. of clans;

1) Three children are listed in the group of Occ 26 years old group of 26 years old group of Occ and three of Occ 26 years old group of Occ group of Occ group of Occ group of Occ group of Occ group of Occ group of Occ group of O group, and 3 South O group of O group of O group of occ group of occ group of O group of occ group of occ group of occ group of occ group of occ group of occ group of occ group of occ group of occ group of occ group of occ group of o group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of members.

2) On November 14, 2002, at an ordinary general meeting held on November 14, 2002, the following items were discussed, and detailed matters concerning the above agenda were decided to be decided together by executive officers, directors, and directors of the OO. In addition, when it is decided to revise the name as 'OCO' in the sense that it was born again by an independent strike. From among these process, the name was changed to 'OOCO's dissolution, it was separated into OCO's dissolution, and OOCO's clan's dissolution was separated into OCO's dissolution, and OCO's dissolution's dissolution was formed only by the chairperson and the members of the OCO's office that was the location of the OCO's dissolution, and it became an objective establishment of the OCO's dissolution's dissolution dissolution and the objective establishment of the OCO's dissolution's dissolution.

3) On March 7, 2003, an agreement was reached on the waiver of rights to the remaining land under the condition that the purchase amount of 7,000 square meters is paid out of the above OOCO 00 forest land, the registration of preservation of ownership has been completed in the name of the OCO type and the OCO type, and the other land, the registration of preservation of ownership has been completed in the name of the OCO type.

4) The name "the defendant during the process of the OCO's dispatch was changed to that of "the defendant during the process of the OCO's dispatch."

(d) Inheritance;

1) 원고의 고조부인 류OO(柳OO， 본적 OOOO리 193번지)이 1924. 1. 21. 사망하여 그 장남인 류OO이 호주상속과 동시에 위 류OO의 재산을 상속하였고， 위 류OO이 1954. 11. 15. 사망하여 그 장남인 류OO이 위 류OO의 재산을 상속하였으며， 이어 위 류OO이 1965. 9. 4. 사망하여 처인 남상순과 자녀들인 류OO(장남， 원고의 부)， 류OO(2남)， 류OO(3남)， 류OO(장녀)， 류OO(2녀)， 류OO(3녀)， 류OO(4남)， 류OO (4녀)이 공동상속을 하였다. 이후 류OO이 1994. 8. 4. 사망하여 처인 김OO와 자녀들인 원고(장남)， 류OO (2남)， 류OO(3남)， 류OO(4남)이 류OO의 재산을 공동상속하였다. 그리고 위 남상OO 2003. 6. 28. 사망하여 그의 자녀인 위 8남매가 남OO의 재산을 공동상속하였고(김OO와 원고 등 4형제가 사망한 류OO을 대습상속함)， 김OO 가 2010. 2. 23. 사망하여 원고 등 4형제가 김OO의 재산을 공동상속하였다.

2) As seen earlier, among the above OOO 000-19 road 201 square meters, each of 79/201 square meters portion was registered on September 23, 2004 on the ownership transfer registration under the name of OO and GO, and the above OO died on January 11, 2012 and the Defendant OO (the shares in inheritance 3/5) jointly succeeded to the property of 79/201 square meters.

[Reasons for Recognition]

Defendant KimO, Co., Ltd. OO, OOO comprehensive construction, the Korea Labor Welfare and Welfare Service, the GOO, OO, and OO: Confession pursuant to Article 150(3) and (1) of the Civil Procedure Act

The remaining Defendants: the purport of Gap evidence 1, Gap evidence 2 through 5, evidence 1 through 8, evidence 7-1 through 4, evidence 8-1 through 20, evidence 9-1 through 9, evidence 10, evidence 10, evidence 12-1 through 5, evidence 13-1 to 5, evidence 25, evidence 1, 25, and 1, and 2 of evidence 00, evidence 1, 3, and 1, and 2 of evidence 13-1 to 5, evidence 12-1, 25, and 26, respectively.

2. Judgment on the ground of the Plaintiff’s claim

A. Whether the name of the situation and the plaintiff's prior OO are uniform

According to the fact that the name of the plaintiff was unified, and that the ship owner's address and the location of the land are the same in the form of No. 4 (Land Survey Division), No. 4 (Land Survey Division, No. 33, repealed), etc. of the Rules of the International Land Investigation Bureau for Shipbuilding and the Land Survey Division for the plaintiff, and that when preparing the land survey division, the address of the owner and the location of the land are the same in the same administrative district, it is stipulated that the name of the owner be entered in the address column for the situation and the number are specified in the name of the situation (see Supreme Court Decisions 2011Du1243, Oct. 0, 201; 2010Da90066, Mar. 24, 201).

B. Succession to the rights and obligations of the defendant clan

Since November 14, 2002, the members of the above combined clan were separated from the members of the clan, which was composed only of the members of the clan of the defendant clan, and the above members of the So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called the Un-called So-called So-called So-called So-called "Un-called So-called So-called So-called Un-called A-OCoCoCoCoCo Dems", and therefore there was no objective fact in the process of integration, and accordingly the defendant clan succeeded to all of its rights and duties (Therefore, the defendant of the defendant of the same clan does not distinguish between the OCoO PO PCo P PComs type and Occ PCommms type or the Occ new OCommmmsms type from among the above combined ones).

C. Circumstances and the validity of each registration of ownership preservation in the name of the defendant clan

A person registered in the Land Survey Book as an owner shall be presumed to be the owner of the land and have become final and conclusive unless there is any counter-proof that the situation has been changed by the adjudication, and the ownership preservation registration shall be presumed to have been effectively acquired, and if a person other than the title holder of the registration for preservation is found to have been under the circumstances of the land, the presumption of ownership preservation shall be broken (see, e.g., Supreme Court Decisions 95Da4654, May 23, 1997; 2009Da6295, Aug. 20, 2009); and each registration of ownership preservation in the name of the defendant clan as to the land of this case 1 and 2 divided shall be deemed to have been lost unless it has been proved that there is a separate circumstance about each land of this case before the division.

D. Sub-determination

따라서 달리 피고 종중이 류OO 또는 그 상속인들로부터 이 사건 제1， 2 분할 토지를 승계취득하였다는 등으로 위 각 소유권보존등기가 실체관계에 부합된다는 점에 관하여 주장 ・ 증명을 하지 못하는 한 피고 종중 명의의 소유권보존등기는 원인무효의 등기라고 할 것이므로， 피고 종중은 특별한 사정이 없는 한 공유물에 관한 보존행위로 서 말소를 구하는 원고에게 위 각 소유권보존등기를 말소할 의무가 있다. 그리고 이 사건 제1 분할 토지에 관한 피고 종중의 위 원인무효의 소유권보존등기 에 터 잡아 이 사건 제1 분할 토지에서 분할되어 나온 청구취지 기재 각 토지에 관하 여 청구취지 기재와 같이 마쳐진 각 피고들 명의의 소유권이전등기， 근저당권설정등기 및 지상권설정등기 또한 모두 원인 무효의 등기라 할 것이므로， 위 각 피고들은 공유 물에 관한 보존행위로서 말소를 구하는 원고에게 위 각 소유권이전등기 등의 말소등기 절차를 이행할 의무가 있다(다만， 청구취지상으로는 위 OOOO리 000-13 임야 19㎡와 000-14 임야 0003㎡에 관한 일부 피고들 명의의 소유권이전등기의 말소등기절차 이행 청구가 누락되어 있다). 나아가 피고 박OO는 위 OOOO리 산 00-13 임야 3，303㎡， 산 00-14 임야 1，983㎡에 관하여 가압류등기를 경료한 자로서 피고 종중 명의의 소유권이전등기의 말소에 관하여， 피고 대한민국은 위 OOOO리 산 00-14 임야 l，983㎡에 관하여 마쳐진 피고 류OO의 피고 박OO에 대한 근저당권부채권에 관하여 압류등기를 경료한 자로서 류OO 명의의 근저당권설정등기의 말소에 관하여， 피고 OO보험 주식회사와 피고 주식회사 OO은행은 위 OOOO리 산 00-19 임야 2，350㎡에 관하여 각 가압류등기를 경료한 자로서 피고 양OO 명의의 소유권이전등기의 말소에 관하여， 피고 근로복지공단， 이천 시， 안양시는 위 OOOO리 0000-13 도로 111㎡에 관하여 압류등기를 경료한 자로서 피고 주식회사 OOO종합건설 명의의 소유권이전등기의 말소에 관하여 각 등기상 이해관계 있는 제3자로서 위 각 해당 소유권이전등기 또는 근저당권설정등기의 말소에 관하여 승낙의 의사표시를 할 의무가 있다고 할 것이다.

3. Determinations on the arguments made by the defendant clans, family members, sexO, separated victims, the O, the O, the lastO, the laO, the las, the po, the po, the las, the las, the las, the lascingO, the O, the OO, the OO, the OO, the OO, the twoO, the O, the OO, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the las, the las, the O, the O, the las, the O, the O, the las, the

A. Summary of the assertion

1) The land of this case was originally the land of the defendant clan, and at the time of the circumstance on December 6, 1900, the title trust was terminated, and the land of this case was registered in the name of the defendant clan on December 20, 1971, and on the land of this case 2 division, on January 19, 005, the registration of ownership preservation was made in the name of the defendant clan on January 19, 00 (the above defendants except the defendant's headquarters's assertion).

2) Even if the circumstances in this case were not real estate title trust of the defendant clan, and since the acquisition by prescription or acquisition by prescription from the defendant clan by the ombudsman has been completed with the intention to own the land first and second units for over 20 years, the registration of preservation of ownership in the name of the defendant clan with respect to the land division 1.2 of this case was registered in accordance with the substantive legal relationship, and on this basis, the registration of ownership in the name of the above defendants, such as the registration of ownership transfer, the registration of creation of mortgage and superficies creation, which are recorded in each land divided from the land division 1 of this case, shall be considered as effective registration in accordance with the substantive relationship (such as the registration of ownership transfer in the above defendants' names, the registration of ownership transfer in the name of the above defendants, and the registration of creation of superficies, which are recorded in the land divided from the land division 1 of this case, shall be considered as effective registration (the completion of the acquisition by prescription does not coincide with the above defendants, the last acquisition by prescription, and the above defendants except the above defendants and the above defendantO, and the above defendants asserted.

B. Determination

1) Whether the defendant clans trusted real estate or not

A) The parties asserting that certain property is clan property should be asserted and attested by using it as clan property; it does not necessarily require that it is explicit; it is sufficient to view that the circumstances of establishment thereof are included in the assertion and proof of clan property; and the circumstances of establishment thereof are sufficient if it can be confirmed by asserting and proving indirect facts, etc. (see, e.g., Supreme Court Decisions 94Da4820, Jul. 11, 1995; 2006Da68506, Feb. 22, 2007; 2006Da68506, Jun. 7, 207; 2000; 7; and 7; and 7; and 7; provided that the land is owned by clan members or other persons under the name of clans; provided that it is proved that it had been carried out under the name of clans; and that it is not necessary to establish more than 7; and that it should be proved that it had been carried out under the name of clans or other indirect circumstances.

(b) evidence A 1 to 5, evidence A 20, evidence A 20 1 to 20, evidence A 21 1, evidence A 222, evidence A 1 to 2, evidence B 1, evidence B 1 to 2, evidence B 3, evidence B 4-5, evidence A 5, evidence B 5 1 to 6, evidence B 7 1 to 3, evidence Eul 7 1 to 3, evidence B 2, evidence 1 to 2, evidence 1 to 2, evidence 1 to 3, evidence 1 to 2, evidence 1 to 3, evidence 1 to 2, evidence 1 to 3, evidence 1 to 2, evidence 1 to 1 to 3, evidence 1 to 2, evidence 1 to 2, evidence 1 to 3, evidence 1 to 1 to 5, evidence 1 to 2, evidence 1 to 3, evidence 1 to 3, evidence 1 to 2, and 1 to 3.

(1) OO, the assessment title of the land in the instant case, was employed as the head of the port side during the Japanese colonial era, and as the descendants of OCO, was in a position to represent the defendant clan (OCOCO) as the descendants of OCO.

(2) In addition to the land in this case, the following land has been located where the OO was under the sole name, but registration of preservation of ownership has been made in the name of the defendant clan.

In relation to the above OOOO 00 square meters, OOO was under the sole name, and the above land was divided into 000-1 forest and 1200-2 forest land, and 1 OOO 210-3 large 130 square meters from the above 000-1 forest, registration of preservation of ownership was made in the name of the defendant clan on March 21, 1994 with respect to OO 210-3 large 130 square meters from the above 000-1 forest, and the above 000-2 forest 120,200 square meters was completed in the name of the defendant clan (OO 20 square meters) on December 31, 1966.

(3) On December 31, 1966, the former Cadastral Act (amended by Act No. 2801, Dec. 31, 1975; hereinafter referred to as the "former Cadastral Act") was arbitrarily restored to the land of this case on December 31, 1966, and the former Cadastral Act entered "OOOOOOOOOOOOOO" as the owner (However, the initial OOOOO and 26 others were entered as the situation on December 6, 190, and were corrected as OOOOO). And the above OOOOOOOOOO00-3 large 000 square meters from the forest of this case was arbitrarily restored on December 20, 1958, and the formerOOO was also described as the owner of the non-Korean Forest Act.

(4) The following lands are located where the OO was in common with another clan, but a registration of preservation of ownership has been made in the name of the defendant clan, etc.:

On December 20, 1971, registration of preservation of ownership was made in the name of OOO(OCO 31 years old), OO(OCO 32 years old), OOO(OCO 33 years old), and OO(OCO 33 years old), with regard to 19 forest 19 forest 19 forest 19 forest 33 times. On the above mother side, registration of preservation of ownership was made in the name of OOOO(OCO 33 years old), OOO(OCO 33 years old), and OO(OCO 33 years old). On the above mother side, registration of preservation of ownership was completed in the name of OOO 62 4 forest 62 oOO 2 forest 69 forest 2 forest 2 forest oOrisan(OOO 69 2 forest 2, 1971. The registration of preservation of ownership was completed in the name of OO and OO 2 forest 2.

(5) Furthermore, the circumstances of the clans other than those of the head of the O were as follows. The registration of ownership transfer was completed under the name of the defendant 2: the 2000 OO Ri, the 4806 OO Ri 00, the 25200 OO Ri 324, the 400 OO Ri 324, and the 2000 OO Ri 400, the 2000 OO Ri 972, and the 214th 214, and the 2005 OO that was registered under the name of the head of the 208 O that was registered under the name of the 25th 192, and the 208th 200 O that was registered under the name of the head of the 200 O that was registered under the name of the 25th 192, and the 2010 O that was registered under the name of the head of the 25th O.

(6) Meanwhile, in addition to the land of this case and the land of this case, the owner of the above OO 26 forest land, 26 forest land , 4 forest land , and 90 Orisan 51 forest land 51 forest land , and 00 O 90 o 4 forest , 000 o 50 o 4 forest , and 00 o 9 o 9 o 9 o 9 o 6 o 9 o 6 o 9 o 9 o 6 o 9 o 6 o 1222, and o 6 o 9 o 20 o 12 o 40 o 9 o 1 o 6 o 6 o 9 o 12 o 14, and 200 o 40 o o 12 o 14.

(7) 오히려 OO씨OOOO파종중이 2002. 3. 00. 임원회를 개최하여， 종중 의 제실 신축， 종중 묘지 조성과 이장 등의 사업을 위하여 종중 소유인 OOOO리 산 00-1 임야， 산 00-2 임야， 산 00-3 임야， 산 19 임야， 산 000-2 임야， 0000 전， 0000-1 잡종지를 매각하거나 임대할 권한을 회장인 류OO에게 위임하는 내용의 결의를 하였 는데， 그때 원고와 원고의 숙부 류OO은 이사로서 위 결의에 찬성하였고， OO씨승 지OO파종중이 2002. 11. 3. 임시총회 개최하여， 위와 같은 목적 사업 등을 위하여 산 00-2 임야를 류OO 외 15인에게 매각하기로 결의하였는데 그때 원고와 위 류OO 은 위 결의에 찬성하였다. 게다가 앞에서 본 바와 같이 OO씨OOOO파종중은 2002. 11. 14.(음 력 10. 10.) 열린 정기총회에서 OO파가 분리 독립하는 안건을 논의한 후， OO씨 OO공파종중과 OO씨OO파종중으로 분리되었고， OO씨OO파종중(대표자 원고)은 2003. 3. 7. 피고 종중(대표자 류OO)과， OO씨OOOO파 명의의 부동산 중 OOOO리 산 19 임야 7.000평의 매각대금을 지급받는 조건으로 OO씨OOOO파 명의의 다른 부동산에 대한 모든 권리를 포기하기로 합의하였는데， 이때 원고는 진주 류씨OO파종중의 대표자로서 직접 위 합의를 체결하였고， 원고의 숙부인 류OO， 류 OO 등 4인은 OO씨OO파종중의 이사의 자격에서 이를 승인하였다. 그리고 원고 등은 위 합의에 따라서 피고 종중으로부터 위 OOOO리 산 19 임 야 7，000여 평에 대한 매각 대금 10억 5.000만 원을 지급받았다. 이와 같이 원고와 원고의 숙부인 류OO， 류OO 등은 이 사건 제1 분할 토 지 에서 1995. 5. 24. 분필되어 나온 위 OOOO리 산 00-1 임 야 2，740㎡， OOOO리 산 00-2 임야 57，305㎡， OOOO리 산 00-3 임야 2，633㎡ 및 위 OOOO리 19 임야 등을 OO씨승 지OO파종중 소유로 취급하여 왔다. 그리고 원고와 원고의 숙부인 류OO， 류OO 등은 OO씨OOOO파종중이 위 OOOO리 산 00-2 임야 57，305㎡를 여러 필지로 분할하여 이를 피고 최OO 등에게 처분하는 과정에도 적극 참여하였고， OO씨OO참 판공파종중이 OO씨OO공파종중과 OO씨OO파종중으로 분리되는 과정에서도 OO씨OO공파종중 대표자와 이사인 지위에서 OO씨OOOO파종중 명의로 된 위 OOOO리 00-1 임야 등을 피고 종중 소유로 귀속시키기로 합의하였다.

(8) The land of this case was divided into the land of this case and the land of this case, which was composed of 00-9 forest land, and 00 forest land of this case, which was composed of 00-9 forest land, and 00-13 forest land of this case, 19 forest land of this case and 19 forest land of this case, which was composed of 00 military land of this case, 00-9 forest land of this case, and 00-13 forest land of this case, 19 forest land of this case and 19 forest land of this case, the 19 forest land of this case and the 19 forest land of this case had been used for the 19 forest land of this case and the 19 forest land of this case, and the 1000 US clan of this case had been established for 16706 forest land of this case and the 16000 US clan of this case through 1000,000 forest land of this case and the 19 forest land of this case.O.

(9) During that period, Defendant clan paid all taxes and public charges on divided land, etc. No. 1. 2, and the successors of Plaintiff and deceased OO did not pay them. In addition, from the 1.2th of that case, 5-6 households were living in a house from the 1940s to 2003s, and the Defendant received land rents from the above residents.

C) In light of the above facts, it is sufficient to view that the circumstance of the instant situation was established at the time of or before the registration of the ownership registration, and that the Defendant clan had an organic entity, and that the land of this case or the land of this case and the land of this case was the ownership of the Defendant clan, and that the Defendant clan had terminated the title trust relationship explicitly or implicitly, and that the registration of the preservation of ownership was made in the name of the Defendant clan (the expression of the termination of the title trust to the heir of the ChapterO was expressed explicitly or implicitly on December 20, 1971 or on January 19, 195, at the time of the registration of the preservation of ownership for the land of this case).

D) Meanwhile, the circumstance that the land of this case was circumstances solely in the name of a clan, which is not several members of the clans, is difficult to be deemed to be the basis for the property of the clans or the clans house, and according to the application form for certification of ownership and the guarantee form (No. 15) made on May 25, 1910, the owner of the above clans (OOOsan 19) indicated as the "OOO" that it would be the representative of the clans, while the fact that it was only indicated as OOOl, the above document was not the time when it was proved that it was not the fact that it was the representative of the clans, but it was not the fact that it was not the fact that the above 10O's property was the second 6th o's second o's second o's second o's second o's o's o's o's o's 6th o's o's o's o's 2.

E) If so, registration of preservation of ownership in the name of the defendant clan with respect to the land of this case Nos. 1 and 2 is valid registration that conforms to the substantive legal relationship. Based on this, registration is valid in accordance with the substantive relationship, such as registration of transfer of ownership in the above defendants' names, registration of creation of neighboring superficies and registration of creation of superficies, etc., of each land of this case divided out from the land of this case No. 1.1.

2) Completion of acquisition by prescription

A) According to Article 197(1) of the Civil Act, the possessor of an article is presumed to possess it as his/her own intent. As such, he/she is not responsible for proving the acquisition by prescription, and rather, he/she bears the burden of proof to a person who denies the establishment of the acquisition by prescription of the possessor by asserting that the possessor has no intention to own it (see, e.g., Supreme Court en banc Decision 95Da28625, Aug. 21, 1997). However, for recognizing the acquisition by prescription of real estate register under Article 245(2) of the Civil Act, the person who registered as the owner is not negligent at the beginning of possession of real estate in good faith with the intention of ownership for 10 years, and the burden of proof on this without the acquisition by prescription is against this person who asserts the acquisition by prescription (see, e.g., Supreme Court Decision 201Da286280, May 00, 2006).

B) Comprehensively taking into account the facts recognized in the instant case, and at least as above, Defendant clans had been occupying and managing the land of this case from December 20, 1971, which was the date of registration of initial ownership preservation, and from January 19, 005, the date of registration of initial ownership preservation, as to the land of this case division 2, from January 19, 1905, which was the date of registration of initial ownership preservation, as it is presumed that possession has been impartial and openly performed as its owner's intention. Therefore, it is presumed that the aforementioned ownership registration of this case was completed on December 20, 1971, and that it was not sufficient for Defendant clans to have been completed on December 20, 201, and that the above ownership registration of this case was completed on the land of this case, and that the above ownership registration of this case was completed on December 20, 1971, and that the ownership registration of this case was made on December 15, 2015.

C) As to this, the plaintiff saw that the possession of the defendant clan constitutes the possession of a third party, but it is difficult to recognize that the plaintiff occupied the defendant clan without permission by knowing that the defendant clan had no legitimate title as to the land first and second of this case, and there is no other evidence to support that the presumption of the above autonomous possession was reversed, and the plaintiff's above assertion is therefore without merit.

4. Determination on the assertions made by Defendant OO Cooperatives, Co., Ltd., OF Banks, Co., Ltd., OF Banks, O insurance companies, OFs, OOOOs, KimOOs, and EOs;

A. Whether the principle of common nature is applied

In light of the express provisions of Article 66 of the Civil Procedure Act and the pleading system under the O Civil Procedure Act, and in ordinary co-litigations, the so-called common doctrine is not applicable (see Supreme Court Decision 93Da47196, May 10, 1994). The above Defendants submitted written answers, etc. to the following purport in the instant case, but did not have made any assertion as alleged in the above paragraph 3, such as termination of the title trust relationship, the acquisition by prescription, or the completion of the prescription period for acquisition of the register, or the completion of the acquisition by prescription, or made a statement that they would use the above arguments as alleged in the above paragraph 3 by the Defendant clan as their own interest. Accordingly, the above Defendants’ assertion cannot be treated as assertion as asserted in the above paragraph 3, such as the cancellation of the title trust relationship, the acquisition by prescription, or the completion of the prescription period for the acquisition by prescription.

B. The assertion and determination of Defendant OOO Cooperatives, OO banks, OO banks, OO savings banks, OOOs, OOOs, and OOs

1) Details of the Defendants’ assertion

(A) On December 17, 2003, the registration of establishment of a right to collateral security and the registration of establishment of a superficies on September 12, 2005, each of which was completed on the establishment of a right to collateral security on December 17, 2003 with respect to the registration of establishment of a right to collateral security and the registration of establishment of a right to collateral security on September 12, 2005, where the Defendant OOO cooperative had completed the registration of establishment of a right to collateral security under the name of the Defendant OO and completed the registration of establishment of a right to collateral security in accordance with due process, and the Plaintiff’s claim of this case is asserted as groundless.

(B) As seen earlier, the fact that the registration of establishment of a new ownership and the registration of creation of a superficies on November 28, 2003 was completed for the above OOOO 000-14 large 426 square meters in the name of Defendant OOO bank, and for the above OOO 00-14 large 426 square meters in the name of Defendant OO 207, and the registration of establishment of a new ownership was completed for the above OO 000-6 large 670 square meters in the name of the Defendant OO 200. The Defendant OO bank believed that each of the above ownership in the name of Defendant POO and Defendant OO 2 was duly registered, and it was completed for each of the above OO 26 square meters in accordance with its intention, and thus, the Defendant O bank is a bona fide third party, and the Plaintiff cannot assert that each of the above transfer of ownership is invalid.

(C) On August 29, 2007, in relation to the above OOO Ri 000-10 large scale 480 square meters, for which Defendant OOO cooperative has made a transfer registration under the name of Defendant KimOO, the fact that the establishment registration of neighboring OOO was completed is the same as the main part of the above book. Defendant OO cooperative asserts that the above establishment registration was completed in accordance with the due process and trust of the registration of ownership transfer under the name of Defendant KimOOO, and that the Plaintiff’s claim of this case was without merit.

(D) On January 12, 2007, Defendant OOCo., Ltd., for which the registration of ownership transfer has been made under the name of Defendant OOO, filed a registration of ownership transfer on the above OOOO Ri 000-17 large area of 478 square meters. As seen earlier, Defendant OOO mutual savings bank, trusted the registration of ownership transfer under the name of Defendant OOO and completed the registration of ownership transfer in accordance with lawful procedures, and on March 7, 2003, the Plaintiff, as the representative of the OOOO head, recognized that the Defendant clan is the owner of the land divided in this case, and the Plaintiff’s claim in this case is without merit.

(E) The ownership of Defendant KimOO on March 17, 2004 as to the above OOO 000-14 square meters on March 17, 2004.

The fact that the previous registration was completed on September 23, 2004, and Defendant OO completed the registration of ownership transfer on 79/201 square meters of 201 square meters of the above OOOO 000-19 on September 23, 2004 is as seen earlier. The above Defendants asserted that they purchased each of the above real estate through legitimate transactional relations and disposed of it, and that the Plaintiff’s claim of this case was groundless.

(f) On December 3, 2003, Defendant OO filed a transfer registration for ownership of 545 square meters on the above OOOO 000-15 square meters on December 3, 2003. DefendantO asserts that the above real estate was not owned by the heir of the deceasedO, but owned by Defendant clan, and purchased the above land from Defendant clan, and that the Plaintiff’s claim of this case was without merit.

2) Determination

Although the O Civil Code adopts the form of public announcement as to the acquisition, loss, and transfer of real right to real estate by juristic act, the registration becomes effective, notwithstanding the fact that the public announcement as to the acquisition, loss, and transfer of real right to real estate takes effect, it is not recognized as public trust in the real estate registration, and if the registration of ownership preservation becomes null and void, it shall be null and void unless there are special circumstances (see, e.g., Supreme Court Decision 2006Da72802, Feb. 26, 2009). Therefore, unless there are special circumstances, if the registration of ownership preservation in the name of the defendant clan, which was completed with respect to the land first division of this case, is null and void, and the registration of ownership creation, and the registration of ownership transfer, etc., under the above defendants' names should be cancelled. The above reasons asserted by the above defendants cannot be asserted against the plaintiff seeking the cancellation of each above registration, and each of the above defendants' arguments are without merit.

C. The assertion and determination of the defendant, Korea, O insurance companies, and OF banks

1) Defendant Republic of Korea’s assertion and determination

(A) On February 5, 2003, Defendant COO completed the registration of creation of a neighboring mortgage on the above OOOO 00-14 forest land of 1,983 square meters, and on September 24, 2009, Defendant COO attached the above collateral security right claim against Defendant BOO on September 24, 2009 and completed the registration of seizure.

(2) Defendant Republic of Korea, and the above Defendant’s tax claims were seized as legitimate procedures to secure the tax claims against Defendant CO, so long as it does not meet the requirements for cancellation of attachment under Article 53 of the National Tax Collection Act, it is legitimate for Defendant CO to assert that the cancellation of attachment is impossible, or to seize the above land to OO, which is the right to collateral security, in trust with the legal relationship formed outside the above land, and the Plaintiff cannot seek consent from the Republic of Korea on the registration of cancellation of the establishment of collateral security. In addition, Defendant CO, and the Plaintiff filed an administrative litigation against the above head of the tax office under the jurisdiction of the Republic of Korea, even though the Plaintiff proved that the above land was owned by the Plaintiff at the time of seizure, and the head of the tax office under the jurisdiction of the Republic of Korea did not release the above registration of establishment of collateral security under the premise that the Plaintiff would win OO, and the Plaintiff did not have any interest in the lawsuit against the above Defendant CO, as the Plaintiff did not have any interest in the establishment of collateral security under the name of the above 20.

2) The assertion and determination of Defendant O insurance companies, and OO banks

(A) On April 22, 2004, Defendant YangO completed the registration of ownership transfer on the above OOOO 00-19 forest 2.350 square meters, and Defendant OO insurance company completed the registration of ownership transfer on July 24, 2008, and Defendant OO bank completed the registration of provisional attachment company on July 26, 2010 for the execution and preservation of claims against each Defendant YangOO on July 26, 2010.

(B) Defendant OO insurance company asserts that the provisional attachment of the above defendant's defendant's clan acquired ownership of the above land through due process, and that the above defendant's provisional attachment is also justifiable. In addition, since it is presumed that the defendant OO bank, and the above ownership transfer registration in the name of the defendant YangO is true, the defendant OO bank is registered in accordance with the substantive relationship, and since the defendant OO bank trusted the entry of the above land in the registry and made the provisional attachment registration for the above land publicly announced as owned by the defendant YangO, the plaintiff cannot seek a declaration of consent against the cancellation of the above ownership transfer registration. However, since the OO Civil Code is not recognized as public trust in the real estate registration, if the above ownership transfer registration in the name of the defendant joint ownership registration becomes invalid, the above ownership transfer registration in the name of the defendant YangO which was based on the above land is invalid unless there are special circumstances, and if the defendant YangOO has a duty to cancel the above ownership transfer registration with respect to the above land, the defendant OO insurance company is not obligated to give consent to the above third party registration.

5. Conclusion

Then, the plaintiff's claims against the defendantOOF, the domestic corporation, the OOF, the domestic corporation, the O insurance company, the domestic corporation, the OO insurance company, the domestic corporation, the OOF, the KOO, the Korea Labor Welfare Corporation, the KOOOF, the GOOO, the GOOO, the GOOO, the GOO, the OO, the OO, the oO, and the tros, and theseOs are all reasonable, and these claims are accepted in all for the reasons of the reasons, and these claims are rejected in the plaintiff's defendantOFO, the OO, the oO, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, the O, and the O, both.