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(영문) 수원지방법원 2018.03.22 2017나76494
공유물분할
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and even if evidence submitted to the court of first instance and evidence submitted to this court are combined, the fact-finding and judgment of the judgment of the court of

Therefore, the reasoning of the judgment of this court is as follows, except where the plaintiffs make a supplementary decision as to the assertion that is emphasized by this court, and thus, it is cited by the main text of Article 420 of the Civil Procedure Act.

2. Supplementary judgment

A. The plaintiffs asserted that they are legitimate owners of E forest land E 15,471 square meters, F forest land 7,50 square meters, G forest land 4,463 square meters (hereinafter collectively referred to as the "instant forest"), and H clans (hereinafter referred to as the "instant clans") do not title trust the instant forest land to the plaintiffs.

B. In a case where the issue of title trust on a certain land between a clan and a clan member is disputed, if it is proved that a clan with an organic organization exists at the time that the registration of the titleholder was made in the future on that land, and the following land has been proved directly by the process or content of the clan; the relationship between the registered titleholder and the clan; the relationship between the registered titleholder and the clan; if several registered titleholders exist, the reason why the registration was made in the future; the situation of the establishment of a clan cemetery centering on the Si, the status of the installation of graves, the number of graves and the memorials; the size and management status of the land; the receipt and disbursement relationship of the proceeds from the land; the payment relationship with the tax and the public charges; and the possession of the registration certificate, etc., if there is considerable data to be deemed that the land is owned by the registered titleholder in the future as the ownership of the clan, such land

(see, e.g., Supreme Court Decision 99Da11397, Jul. 6, 2000). In this case, evidence Nos. 1, 4, 5, 6, 18, 19-3.

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