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(영문) 창원지방법원 2020.05.29 2019가단110561
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. D, with respect to land No. 1 in the annexed list No. 1 on October 16, 1970, with respect to land No. 2 in the annexed list No. 2 on June 4, 1981, with respect to land No. 3 in the annexed list No. 3 on August 14, 1981, the registration of preservation of ownership is completed in accordance with the respective Act on Special Measures for the Registration of Real Estate as to land No. 4 in the annexed list No. 4 on November 6, 2006.

B. The Defendants completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant lands”) on the grounds of inheritance due to the agreement division, as D’s son on November 7, 2008, when D died on November 7, 2008.

C. In each of the instant lands, five graves, including net F, G, H, I, and J, are installed, and the land listed in the table Nos. 2 through 4 was under the name of K prior to 1917.

[Ground of recognition] Unsatisfy, Gap evidence 4 through Gap evidence 6, Gap evidence 8 (including branch numbers; hereinafter the same shall apply)

2. The plaintiff's assertion is a naturally occurring family group of relatives who jointly set up L 28 years of age M, a clan formed for the purpose of protecting graves of a joint ancestor, conducting religious services, and promoting friendship among members of a clan.

Each of the instant lands was originally owned by the Plaintiff clan, and was assessed in the name of K, which was 31 years old, for convenience, and was guaranteed by the members of the clan for the reason that the said 34 years old D needs for the management of the clan, and registered the preservation of ownership in its own name under the Act on Special Measures for the Registration of Real Estate.

The clan members thought that each of the land of this case was registered in the name of the clans in the D future.

However, since E, who is a 35-year-old grandchild, died earlier than D, his father, title trust in the name of 36-year-old grandchild N is dealt with in conformity with the clan custom. However, as at the time of D's death, N is a minor, the Defendants, who are the son of D, were the son of D, and the son of C, the Defendants on Nov. 208.

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