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(영문) 창원지방법원 2016.12.14 2016나52900
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 25, 1917, the Plaintiff’s son and the Defendant’s Mad (hereinafter “the deceased”) was subject to the assessment of 22,512 square meters of C forest land (hereinafter “previous C forest”) in smuggling-si (hereinafter “previous C forest”).

B. On August 17, 1979, the Defendant completed registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 3094, Dec. 31, 1977) under Article 23969 of the receipt of the support for the establishment of the Changwon District Court for the previous C Forest.

C. On May 15, 2005, the previous C Forest was divided into C Forest land 21,930 square meters (hereinafter “instant forest”) and E forest land 582 square meters (hereinafter “the instant forest”). Of these, C Forest land was completed by way of consultation on public land around the time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The reasoning of the court’s explanation concerning this part of the judgment on this issue is as stated in Paragraph 3 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is.

3. Judgment on the merits

A. The Plaintiff’s assertion that the forest land of this case is the property of the clan, and actually manages the forest land as above by installing a line’s grave in the above forest and paying the tax on the said forest land. However, only the name on the register was registered under title trust with the deceased and the Defendant, who is the father of the Plaintiff’s clan, and the Defendant, the title trust agreement with the Defendant was terminated on April 29, 2015.

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

B. In order to recognize that certain land of the relevant legal principles is owned by a clan, and that a clan with an organic organization exists at the time of the circumstance, and that land was owned by a clan prior to the circumstance, or that it was owned by a clan.

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