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(영문) 춘천지방법원영월지원 2020.01.15 2019가단772
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the plaintiff's assertion is that the plaintiff gather F, the five descendants of E, as a joint ancestor, and the defendants are the clan members of the plaintiff clan.

Attached Form

Each real estate indicated in the list (hereinafter referred to as the "each real estate of this case") is the land where the graves of the plaintiff clan and the clan members are located. For the management, etc. of each real estate of this case and graves of this case, the plaintiff made each title trust to G on September 8, 1981, with respect to the real estate listed in paragraph (1) of the attached list, 1/3 shares each to the defendant B, C, and Dong (the attached list of the defendant D) on September 8, 1981, with respect to the real estate listed in paragraph (2) of the same list, 1/3 shares each to the defendant B, the deceased, and H on September 12, 1983, and 1/3 shares each to the defendant B, the deceased, and the H on August 28, 1994.

On October 9, 2009, Defendant D, as the inheritor of the deceased G on October 9, 2009, completed the registration of transfer of each of the above shares and ownership in the name of the deceased.

The Plaintiff, upon the delivery of the duplicate of the instant complaint to the Defendants, declared that the title trust termination was made with respect to each of the instant real estate. Therefore, the Defendants are obliged to implement the procedures for the registration of ownership transfer based on the termination of a title trust agreement with respect to each of the instant real estate,

2. Determination on this safety defense

A. A. A clan is a naturally created clan organization formed by descendants of a common ancestor for the purpose of protecting the graves of the ancestor and promoting friendship between their descendants and the descendants. A unique meaning of a clan does not require special organization activities or the rules of sexual intercourse. However, if the clan is a naturally created group, it is not automatically established if the descendants of the common ancestor exist, but is organized to the extent that the clan is represented by the representative elected in accordance with the rules or customs of the clan and continuously performs its activities for the above purpose.

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