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(영문) 수원지방법원 2018.09.20 2018나51867
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The basic facts of the claim (1) The plaintiff is a clan consisting of 74 members of male and female clans under Article 74 of the RP 18 MP S (the plaintiff is a birth of a 1771 or 1831, since it is deemed that he/she was a birth in 1771 or 1831).

(B) As seen earlier, the Plaintiff is a non-permanent organization of a clan, which is not a clan, within its own meaning. In this case, the Plaintiff did not submit sufficient data to determine the Plaintiff, asserting that the Plaintiff was the former and the latter. In the event that the Plaintiff, the descendants of the Plaintiff, who had already been up to seven descendants, is in the former position, the members of the clan could not be over 74, and accordingly, there seems to be illegal in giving notification on the premise that 74 members are the members of the clan. However, there is no influence on the conclusion of the draft of the instant case. However, the Plaintiff’s bilateral M (19 large descendants, death June 18, 1914) did not affect the conclusion of the draft of the instant case. The Plaintiff’s primary M (Nu), O (Nam), L (Seoul), Ma (Seoul), P (Seoul), and Po (Seoul) (20 large descendants and above).

(2) On July 27, 1919, L was under the circumstances of the instant forest under its own name. At the time, L was under the instant forest, but the instant forest was installed, but the said grave was moved to another place around 1930.

(3) After March 12, 1971, QN's grandchildren, J (L) and K (P) each share in the forest of this case was completed on March 12, 1971 with respect to the forest of this case.

(4) On July 14, 1995, Defendant B, who is an son of the J and K, completed the registration of transfer of ownership as to the shares of J (1/3) out of the forest land of this case. The registration of transfer of ownership is completed as to the shares of J (1/3) among the forest land of this case.

(5) K died on June 27, 1999, and Defendant C and its wife.

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