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(영문) 대구지방법원 2020.02.13 2019가합202409
소유권이전등기
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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. The registration of initial ownership was completed on May 30, 1970 with respect to the real estate listed in the attached list of basic facts (hereinafter “the forest of this case”).

On May 13, 2011, the Defendant completed the registration of transfer of ownership on May 11, 201 with respect to the forest of this case on the ground of donation.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. The plaintiff's assertion is a clan consisting of descendants of 19 years of age F, the Empha of Emphaol, and the plaintiff decided to entrust the title of the forest of this case owned by the plaintiff to D as a clan member, and completed registration of the preservation of ownership in the name of D as to the forest of this case on May 30, 1970.

Since then, the Defendant, as D, donated the instant forest from D, and completed the registration of ownership transfer under the name of the Defendant on May 13, 201, and succeeded to the status of the title trustee. The Plaintiff terminated the said title trust through the delivery of a duplicate of the instant complaint.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the termination of title trust with respect to the forest of this case to the Plaintiff.

3. Determination on this safety defense

A. The relevant legal principles (1) A clan is a naturally created family organization formed by descendants of the common ancestor for the purpose of protecting the graves of the common ancestor, protecting the descendants of the religious ancestor, promoting friendship between their descendants and the descendants. The unique meaning of a clan does not require a special organization or the rules of sexual intercourse. However, if the clan is a naturally created group, only if the clan is a naturally created group, it does not automatically establish a clan, but only if the clan has been organized to the extent represented by the representative elected in accordance with the rules or customs of the clan and continuously performed by its members for the above purpose, it can be recognized as a clan of its unique meaning only when the clan has been organized to the extent that the clan has been represented by the representative elected in accordance with the rules or customs of the clan and continuously performed by its members (see, e.g., Supreme Court Decision 91Da16525, Aug. 27, 191).

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