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(영문) 수원지방법원여주지원 2019.11.14 2017가단56433
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.

Reasons

1. Basic facts

A. As to the land No. 1 of this case, the registration of ownership transfer was completed for the sale as of March 15, 1979 in the name of F and G, one-half shares, respectively, on the ground of the sale as of March 6, 1979. On May 14, 2004, the registration of ownership transfer was completed for the first/2 shares of F on the ground of the sale as of May 9, 2004, and on May 14, 2004, the registration of ownership transfer was completed for the first/2 shares of F in the name of Defendant C on May 9, 2004.

B. As to the land Nos. 2 and 3 of this case, the registration of ownership transfer was completed on the ground of sale as of Feb. 23, 1970 in the name of F and H on Apr. 13, 1970 each one/2 shares, and the registration of ownership transfer was completed on May 9, 2004 with respect to the one-half share of F on May 14, 2004, and the registration of ownership transfer was completed on May 14, 2004 with respect to the one-half share of H on May 14, 2004.

C. On August 25, 1981, the registration of transfer of ownership was completed on the ground of sale as of March 12, 1970 on the share of the land No. 4 in the instant case.

[Evidence Evidence: Evidence A. 12 and 13 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. The plaintiff's assertion is a clan comprised of male and female adults among the descendants of A.

Each land of this case is originally owned by the plaintiff clan, and the plaintiff clan has been managing the shares of the land Nos. 1, 2, 3 and the land No. 4 of this case to the defendants who are the members of the clan under title trust, and has used each of the above land as a survey answer, such as appropriation for the trial fee and appropriation for the expenses for the trial.

In addition, the Plaintiff, who is a land registered in title in the name of I, J, and K 3, has filled out sand from L 2127 square meters and M 1095 square meters, which is the land in title trust, from 2010 to 4, and has received the usage fee. Defendant D has paid the usage fee for the portion in 2010 (5,850,000), for the portion in 2011 (5,850,000), for the portion in 2012 (5,850,000) and for the portion in 2012 (5,850,000) for the aggregate of the usage fee for the portion in 2013.

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