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(영문) 청주지방법원 2018.01.19 2016나13438
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. The reasoning of the court’s judgment as to the primary claim is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence

[1] In a case where the issue of title trust on a parcel of land is disputed between a clan member and a clan member, the court's finding that the land is in title trust in the future as the ownership of the clan. However, if the land is proved to a certain degree of organic organization at the time of completion of registration in the name of the registered titleholder, ② the process or content of the land owned by the registered titleholder has been proved directly, ③ the relationship between the registered titleholder and the clan, ③ the relationship between the registered titleholder, the circumstances registered in the future, the situation of the installation of the graves, the number and enclosed of the graves, the size and management status of the land, the receipt and disbursement of the proceeds of the land, the payment of taxes and public charges, and the ownership of the registration certificate, etc., and there is considerable evidence to view that the land is owned in title trust in the future as the ownership of the registered titleholder, and the court's finding that it is not legitimate in the first instance court's finding that it is part of the land owned by the said clan (see, e.g., Supreme Court en banc Decision 2006Da197.197.

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