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(영문) 청주지방법원 2015.05.14 2014가합28463
소유권이전등기
Text

1. The Plaintiff: (a) is of 203,736 square meters of Cheongju-si G Forest land in Cheongju-si;

A. As to the shares of Defendant B and Defendant F, each one-fourth.

Reasons

1. Following the facts of recognition are as follows: (a) between the Plaintiff, Defendant B, Defendant C, Defendant D, and Defendant E, pursuant to Article 150(3) of the Civil Procedure Act, the Defendants were deemed to have led to confession; and (b) between the Plaintiff and the Defendant F, by taking account of the respective descriptions of the evidence Nos. 1 through 3 and No. 5 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings.

The plaintiff is a clan consisting of descendants of H 27 years of age who jointly set up the first (I, Ho: J) as his descendants.

B. On March 17, 1922, the ownership transfer registration was completed in the name of L, M, N,O, P, Q, R and S on April 18, 1934 (fire 9 years), and on December 20, 197, the ownership transfer registration was completed in the forest register under the name of 8 persons of L, M, N, P, Q, R and S.

C. On February 28, 197, the above land became a 203,736 square meters of G forest in Cheongju-si (hereinafter “instant land”). On January 19, 1981, the registration of ownership transfer was completed due to the gift made on February 20, 1972 under the name of Defendant B, Defendant E, Defendant F, and U four persons with respect to each of the instant land.

U died on January 12, 1996, and Defendant C, his spouse, succeeded to 3/5 shares, and Defendant D, his child, respectively.

2. Determination

A. In a case where the issue of title trust on a certain land is disputed between the registered titleholders, such as a clan and a clan member, it is proved that there has been a clan with an organic organization to a certain extent at the time that the registration of the registered titleholders was completed, and then the land has been proved directly by the process or content of the clans, as well as the relationship between the registered titleholders and the clans, if several registered titleholders exist, the relationship between them, the reason why the registration has been made in the future, and the clans centered on the

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