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(영문) 서울남부지방법원 2016.10.20 2015가합108681
소유권이전등기등 말소등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The purpose of the plaintiff is to promote the protection of the graves of the common ancestor, the friendship among the members of the clan and to efficiently manage the clan properties, consisting of descendants of G, the purpose of which is to manage the clan properties, and the defendant B is the members of the plaintiff clan.

Suwon-gun I Forest land 2,850 square meters (hereinafter referred to as "the forest before the division") was assessed in the name of the SeaJ around 1911 (hereinafter referred to as "the 44 years after the division").

After that, on April 16, 1968, the registration of ownership transfer was completed in the name of K, who is the lineal descendant of the J, with respect to the above forest, as to the F forest in Suwon-gu, Suwon-si, which was divided into the forest before the subdivision. On April 1, 1970, the registration of ownership transfer was completed in the name of Defendant B due to the inheritance of the property on July 1, 1969, and the registration of ownership transfer was completed in the name of Defendant B on the grounds of the sale as of March 25, 1970.

On August 6, 1993, F forest land of 2,770 square meters was divided into real estate stated in the purport of the claim on August 6, 1993 (hereinafter “instant real estate”) and P forest land of 7,908 square meters in Suwon-si, Suwon-si. On November 29, 1993, the said P forest land of 7,908 square meters was admitted to the Korea Land Development Corporation.

After that, Defendant B completed the registration of transfer of ownership on March 30, 200 with respect to the share of 314.563/1249 of the instant real estate, shares of 314.563/1249 of the instant real estate to Defendant C, shares of 314.563/1249 of the instant real estate, and shares of 148.03/1249 of the instant real estate to Defendant N.

After that, after the death of M, Defendant D succeeded to the above real estate share, and Defendant E succeeded to the above real estate share due to N's death.

【No dispute over the grounds for recognition”, Gap 1, 2, 4 through 6 (including the number of each branch office), and the plaintiff's assertion of the purport of the whole pleadings was conducted under the trust of the J which is the cause of the clan, and the plaintiff's clans and the descendants of the plaintiff's clans have been installed from the time of their death and continued to manage the 26 graves of the plaintiff's clans and their descendants in the forests and fields before the division.

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