logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2016.06.09 2015가단6360
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The head of a household or an adult of each household who is designated by the head of a household from among the written A living in the South-west Navy shall be the plaintiff's member, the member shall be the plaintiff's member, and when he/she moves from the South-west Navy, he/she shall lose his/her qualification as a member.

On April 6, 1995, JJ Cemetery 1092m2 (hereinafter “instant land”) was registered as the co-ownership of L, K, and M in 1/3 shares, respectively.

On February 9, 2015, the Plaintiff completed the registration of transfer of ownership on the ground of donation on January 30, 2015 with respect to each of 1/3 shares of L/M among the instant land, and the said land is owned by K on the registry as of January 30, 2015, with respect to each of the shares of 2/3 shares.

K died on March 26, 2007, and the Defendants are the successors of the network K.

[Ground of recognition] Defendant G, H, and I did not dispute, evidence Nos. 1 through 3, the purport of the entire pleadings, and the purport of Defendant B, C, D, E, and F: The instant land asserted as to the Plaintiff’s assertion of confession as to the Plaintiff’s assertion was made from N on May 24, 1946, and the name was left under title trust in the seven future of the members of the clan, including theO, including the Plaintiff, while the Plaintiff went from N on April 24, 1946. The instant land was again registered under title trust again in L, K, and M, a clan member on April 6, 1995.

The Plaintiff terminated the title trust with the date when the duplicate of the instant complaint reaches the last day. As such, the Defendants are obliged to complete the registration procedure for ownership transfer based on the termination of the title trust on the above day.

Judgment

A clan is a naturally created clan organization established by descendants of the common ancestor, and a clan covenant that only the members of the clan live in a specific area shall be null and void against the essence of the clan.

According to Article 8 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, title trust which registers real rights to real estate held by clans in the name of a person other than clans is some exception.

arrow