Main Issues
The method of filing a lawsuit to cancel the ownership transfer registration made by the method of title trust with respect to forest land owned by all residents;
Summary of Judgment
If the registration of transfer of ownership is made through title trust with respect to the forest land which is the collective ownership of all three residents of the Gu, the cancellation of such registration may not be claimed without a resolution of a general meeting of members under Article 276 (1) of the Civil Act.
Plaintiff-Appellant
Choi Young-man, Attorney Yoon Yong-han, Counsel for the defendant-appellant
Defendant-Appellee
[Defendant-Appellee] Shin Young-gu et al., Counsel for defendant-appellee-appellee-appellant
original decision
Gwangju High Court Decision 72Na113 delivered on November 30, 1972
Text
The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.
Reasons
The plaintiff's grounds of appeal are examined.
The court below held that the registration of transfer of 214 Do-dong, 5, 214 Do-ri, 5, 214 Do-ri, 5, 214 Do-ri, Do-ri, 5, 50 Do-ri, 50 Do-ri, 50 Do-ri, 50 Do-ri, and 3 Mag-ri, which was the real estate in dispute, was afforested jointly and used for management in the same Do-ri, 1900, and completed registration of transfer of 3 Do-ri-ri, 1969 Do-ri, and that the above 6 Do-ri-ri's right to be jointly owned by the plaintiff on the ground that the above 3 Do-ri-ri, 5,000 Do-ri-ri, 5,000 Do-ri-ri, 5,000 Do-ri-ri, 3,000 Do-ri-ri-ri-ri, 5.
Therefore, there is no reason to argue that there is an error in the misapprehension of legal principles as to sharing in the original judgment.
Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Seo-gu et al. (Presiding Justice)