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(영문) 서울고등법원 2017.10.18 2016나2058421
소유권이전등기말소등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. The establishment of the Plaintiff’s clan, a clan similar organization, 1) J relatives Association (hereinafter “X”).

Lmpha (mainly residing in Seoul and Gyeonggi area, registered name: PP type, and Q hereinafter referred to as “ Q”) among the large types of tea in K.

MP, M (resident, registered name: RP, hereinafter referred to as “S”) in Yong-Nam area

2) As to the Ompha, NP(S) and Ompha(s) consisting of four parts of NP(S) and four parts of NP(S) and Omph(s)(s). Since X was published in 1827, NP(s) and K’s 4 South AB’s descendants of NP, NP(AB) and K’s 4 South AB’s descendants, there was a lot of dispute between NP and Ompha on the ground that there was no mentioning about Y and AA’s children in 1498.

3) Meanwhile, as to the instant land, the registration of ownership was made in the name of a clan member, and the registration of ownership transfer was completed in the name of P on August 31, 1981, and on June 8, 1995, the registered titleholder was changed to Q. 4) at the time of S filed a lawsuit against Q on October 1, 1997 against Q to seek implementation of the procedure for registration of ownership transfer based on the restoration of real name as to the instant land and buildings on its ground.

(A) On January 14, 1999, Q and Q and S agreed to organize a separate body consisting only of members of Q and S clans. From December 1998, the Plaintiff’s clans organized for this purpose began with independent activities to protect Q and Q and S’s clans and promote friendship. (b) On January 14, 1999, the Plaintiff’s clans established a compromise between X and Q with the content of changing the name of the owner of the instant land to the Plaintiff’s end-down.

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