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(영문) 대법원 2015.01.15 2013다34082
소유권이전등기
Text

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The court below dismissed all of the plaintiffs' claims for cancellation of the title trust of this case on the following grounds: (a) as to the plaintiff clan's assertion that the plaintiff clan held title trust with BB, BD, and BF as the owner of each land of this case at the time of September 20, 1919; (b) there is no proof as to the process or content of each land of this case, and there is no consistency in the plaintiff clan's assertion as to its acquisition process; (c) it cannot be recognized that the plaintiff clan has established or operated an organic organization to a certain extent at the time of the situation of each land of this case; (d) each land of this case is not indicated as the property of the plaintiff clan; (d) some of the land divided from each land of this case was disposed of by the title holder and received compensation for expropriation in part by the defendants; and (e) it is difficult to recognize the plaintiff clan's claim for cancellation of the title trust of this case on each land of this case for the execution of each of this case.

2. However, it is difficult to accept such a measure by the lower court for the following reasons.

In a case where the issue of title trust on a parcel of land between a registered titleholder such as a clan and a clan member is disputed, it is proved that a clan with an organic organization to a certain extent has existed at the time the registration of the land is completed in the future, and the land thereafter becomes owned by the clan.

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