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(영문) 대전지방법원서산지원 2016.04.07 2015가합51097
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A clan is a clan that is composed of descendants of 19 years of age in the E-C. G as a joint ancestor (hereinafter “Plaintiff clan”), and Plaintiff B farming association is an incorporated farming association established to obtain the title trust of the farmland owned by the Plaintiff clan and to manage and cultivate it. The Defendants are the members of the Plaintiff clan.

B. On December 20, 2007, the plaintiff clan asserted that 13 real estate including each real estate listed in the separate sheet (hereinafter "each real estate of this case") was owned by the plaintiff clan and held in title trust with the defendants, and filed a lawsuit claiming ownership transfer registration on the ground of termination of title trust with respect to each share registered in the name of the defendants among the above real estate ( Daejeon District Court Seosan Branch Office 2007Gahap2144) and won the judgment on June 11, 2009.

Therefore, the Defendants appealed (Seoul High Court Decision 2009Na4969) but dismissed the appeal on April 7, 2010. The Defendants appealed again (Supreme Court Decision 2010Da39574) but the said judgment became final and conclusive on July 29, 2010 (Supreme Court Decision 2010Da39574).

C. According to the above final judgment, although the Plaintiff’s clan intended to register the transfer of each of the instant real estate in the name of the Plaintiff clan, since each of the said real estate was farmland, it would not register the transfer of ownership under the name of the clan pursuant to the current Farmland Act. On April 5, 2011, the Plaintiff clan held a clan executive meeting to change the name of each of the instant real estate from the Defendants to H as the representative of the Plaintiff clan, and entered into a new title trust agreement with H on the same day.

H filed a lawsuit against the Defendants for the performance of the ownership transfer registration regarding each of the instant real estate (Seoul District Court Seosan Branch 201Gahap1520). The said court filed the instant claim against the Defendants.

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