Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. On February 23, 1974, the Defendant and F completed the registration of ownership transfer on February 21, 1974 with respect to each of 1/2 shares among the 3,070 square meters of Gangseoyang-gun C (hereinafter “instant land”).
(hereinafter referred to as the “instant share”) the Defendant completed the registration of ownership transfer.
G on March 6, 2013, G completed the registration of ownership transfer made on October 3, 1989 due to the inheritance of property due to the consultation division in the name of G on the whole shares of F among the land in this case.
C. As to the instant land, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on December 23, 2013, under Article 48 of the Chuncheon District Court Yangyang District Court’s receipt on January 3, 2014.
The registration certificate (Evidence A) issued by the Plaintiff after completion of the provisional registration of this case is accompanied by the confirmation document in the same manner as the attached Form (hereinafter referred to as "the confirmation document of this case") in addition to the documents of trade reservation prepared in the name of the Plaintiff, the Defendant, and G (hereinafter referred to as "the reservation document of this case").
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. 1) The judgment on the plaintiff's party ability of the main defense of the defendant's main defense is not a clan with the original meaning of DC E, but a clan similar to a clan created by some relatives among the descendants. Thus, it is not possible to recognize its substance. 2) The clan is a clan with the nature of the custom created for the purpose of protecting the graves of the common ancestor, conducting religious services, and promoting friendship among the clan members. It does not require any special organization act or requiring any sexual rules, but the descendants of the common ancestor naturally become adult, by the representative elected according to the rules or customs of the clan.