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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. Basic facts
A. Defendant B is an organization established by the clan C and the Plaintiff to protect and preserve the graves and churches of both clans together with the Plaintiff, and to manage and preserve their relics.
B. Each real estate listed in the separate sheet of real estate owned by Defendant B (hereinafter “instant real estate”) was each nominal trust with D, E, F, and G, which are the grounds for the clans of the said two clans, and the registration of ownership preservation was completed each of 1/4 shares in the name of Gwangju District Court No. 8342 on September 13, 1971. After the death of the said G, the shares of 1/4 shares in that name were transferred to H, and 1/4 shares in that name after the death of the F were retitled to the I on November 2, 1983, and the ownership transfer was completed on June 29, 1985 with No. 18141 (H shares) and No. 1769, 1770 (shares in the name of I).
C. After that, H and I completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) made on August 6, 1986 by the Gwangju District Court No. 10687, which was received on August 6, 1986, with respect to each one-fourth (1/4 shares in I’s name “the shares in this case”) of the shares in the name of the Plaintiff regarding the instant real estate, and H and I completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”), which was made on August 1, 1986, on the basis of the provisional registration of this case against the Plaintiff during the proceeding as described in the following sub-paragraph (d) at the date of receipt No. 4067 of January 24, 1997, which was made on August 1, 1986, the principal registration of the right to claim ownership transfer (hereinafter “the principal registration of this case”).
Meanwhile, Defendant B, against H, I, etc. on July 1, 1996, filed a lawsuit claiming ownership transfer registration on the instant real estate, etc. on the ground of cancellation of title trust as of June 3, 1996 (the above judgment became final and conclusive on December 4, 1997) and was rendered a favorable judgment (the above judgment became final and conclusive on June 1, 1997). According to the above judgment, with respect to the remaining three-fourths except the instant shares among the instant real estate, the same court received on June 1, 200 and received on June 29591.