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(영문) 제주지방법원 2017.07.12 2016나5832
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. As to each inheritance share in the attached Form 2 among the real estate listed in the attached Form 1,

Reasons

1. The reasons why the court has stated this part of the basic facts are subject to Section 2-C of the judgment of the first instance.

Except for the case where the portion of 30 k' in the ties of kinship is "AG", it is the same as the reasoning of the judgment of the court of first instance. Therefore, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The Plaintiff alleged that each cemetery of this case was circumstances in the name of deceased G in 1913 (hereinafter “the deceased’s indication was omitted), but this was the Plaintiff’s circumstance under the name of G in the circumstances under which the clan did not recognize the substance of a clan, and thus, it was a trust of each cemetery of this case to G.

However, even if it is not so, the Plaintiff could be deemed to have expressed his intention to own each of the above cemeteries by setting the stone stone in a line around January 1, 1991 while managing each of the above cemeteries. Thus, the Plaintiff acquired each of the above cemeteries by prescription at the lapse of 20 years thereafter.

B. In order to recognize that a parcel of land is owned by a clan, and that there is a clan with an organic organization at the time of the situation, and that there is a lot of indirect materials that can only be recognized as owned by a clan prior to the fact that the land was owned by a clan, or that there is a lot of indirect materials that can only be recognized as owned by a clan prior to the fact that the land was owned by a clan, or that there is a situation in which the land was delayed, or that there is no sufficient proof of such materials and that there are materials for facts against which they were opposed, it shall not be recognized.

The circumstances that can be an indirect material are the relationship between the situation and the clan, the relationship between the situation and the clan in the case of several situation persons, the relationship between them, if one person is the one, the relationship between him/her, the tobacco that he/she has received under his/her name, if any, the situation or registration relation thereof, the size of the situation, and the time difference.

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