logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.10 2016나4504
소유권이전말소등기 등
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's lawsuit against the defendant B shall be dismissed.

3...

Reasons

1. The reasoning for this part of this Court’s reasoning is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure

2. The plaintiff's argument that the plaintiff's clan held title trust of the land of this case to AL, AM, N, and AO, and the registration of transfer of ownership invalidation was completed in the name of the defendant's clan that did not exist by false letter of guarantee or false confirmation.

Accordingly, the plaintiff clans filed for the registration of ownership transfer for the remaining defendants who are the successors of AL, AM, N, and AO, a title trustee, and seek the cancellation of the registration of ownership transfer in subrogation of the remaining defendants in order to preserve the right to claim the registration of ownership transfer.

3. Request for the registration of ownership transfer due to the cancellation of title trust.

A. In a case where the issue of title trust on a certain land between a clan and a registered titleholder, such as a clan and a clan member, is disputed, the existence of a clan, which has an organic organization at the time when the registered titleholder was registered on that land, is proved, and the process or content of the land is proved directly by the registered titleholder, and if several registered titleholders exist, the relationship between the registered titleholder and the clans, the relationship between them, the circumstances in which the registration was made in the future, the situation in which the establishment of a clan grave centering on the common ancestor, the number and the status of the graves, the size and management status of the land, the receipt and disbursement relation of the proceeds of the land, the payment relation of the taxes and the public charges, and the possession relation of the registration certificate, etc., if there is considerable data to be considered that the land is owned by the registered titleholder, it may be recognized that the land was trusted in the future as the ownership of the registered titleholder, but such data are not sufficiently proven or rather.

arrow