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(영문) 광주지방법원 2020.06.19 2019나2984
소유권이전등기
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1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On October 17, 191, receipt No. 21921 on October 17, 1991, the registration of transfer of ownership in the name of Nonparty K and L was completed on the ground of sale as of September 16, 1991 with respect to one half of each of the instant lands.

B. L (hereinafter “L”) died on April 30, 2017.

C. Meanwhile, the registration of ownership transfer was made in the name of the Plaintiff with respect to the volume of 2,972 square meters in Naju-si (hereinafter “N land”). The registration of ownership transfer was completed in the name of the Plaintiff on November 14, 2017 by the 34660 of the Naju-si Registry on November 14, 2017.

[Ground of recognition] Evidence No. 3, Evidence No. 4-1 to 3, and Evidence No. 10

2. Determination as to the cause of action

A. The Plaintiff’s assertion is a unique clan, and the non-party clan concluded an exchange contract between K and the deceased to exchange each of the instant land and the N-owned land owned by the Plaintiff on November 9, 2017, although each of the instant land was trusted in title by one-half shares, respectively.

According to the above exchange contract, the plaintiff completed the registration of ownership transfer in the name of the non-party clan's chairperson, K.

Therefore, the Defendants, as the inheritors of the deceased, succeeded to the status of the deceased as the trustee, are obligated to implement each procedure for the registration of ownership transfer as stated in the purport of the claim.

B. The plaintiff 1 argues that the non-party clan exists as a clan's unique meaning, and first, we examine this.

A clan is a naturally created family organization formed by descendants of a common ancestor for the purpose of protecting the graves of the common ancestor and promoting friendship among descendants, not requiring a special organization act or a sexual opinion. However, if a clan is a naturally created group, it is not automatically established only when the descendants of the common ancestor exist, since it is a naturally created group.

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