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(영문) 광주지방법원 2021.02.25 2018가단534292
소유권이전등기
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the F who is represented by the plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that the following descendants, who jointly set up NC 11-year old group, are the clans of unique meaning formed for the purpose of gathering the graves of the common vessel and friendship among his descendants and their descendants.

On May 10, 1958, the Plaintiff purchased a forest land of 312,893 square meters (hereinafter “instant real estate”) in Masung-gun P, Nam-gun on May 10, 195, and entered into a trust agreement with nine members of the Plaintiff on October 31, 1970, such as Q, R, S, T, U, V, W, X, and Y, and completed the registration of transfer of ownership in the name of the above members of the above clans.

After that, on July 3, 1986, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff with respect to each of 1/9 shares of Q, S, T, U, and W among the instant real estate, and completed the registration of transfer of ownership in the name of the Plaintiff. The Plaintiff filed a lawsuit against the inheritors of V, X, and R regarding each of the shares of V, X, and R among the said real estate, and completed the registration of transfer of ownership in the name of the Plaintiff upon winning the judgment of the lower court.

On January 6, 1986, Y, one of the last Y members who agreed with the Plaintiff on the instant real estate in the name of the Plaintiff and the above title trust agreement, died. The Defendants inherited Y’s 1/9 shares in the instant real estate in proportion to the inheritance shares. The Plaintiff terminated the trust agreement in the name of the Defendants, the heir of Y, by delivery of a duplicate of the instant complaint.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of the cancellation of trust in the name of the date of service of the copy of the complaint in this case, according to the ratio of the Defendants’ final inheritance share with respect to the Y 1/9 share among the real estate

2. Determination on the defense prior to the merits

A. The lawsuit of this case concerning the gist of the previous defense of this case is about the Plaintiff’s ownership of the real estate in which the Plaintiff claims that the collective ownership property of the clan is owned by the clan, subject to a legitimate resolution of the clan general meeting. The Plaintiff’s bylaws were enacted and the members F of the clan was appointed as the president of the Plaintiff’s representative, and this case’s special meeting was held.

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