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(영문) 청주지방법원 2018.12.14 2018가단22657
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. 원고는 G씨(G氏) 20세 ‘H’을 중시조로 하여 그 후손들로 구성된 종중이다.

B. On November 3, 1917, the first quarter of the I Forest Land of Chungcheongnam-gu, Chungcheongnam-do, I (hereinafter “the land before subdivision”) was considered in the name of J as the senior grandchild of H on November 3, 1917, and on September 10, 1970, the registration of preservation of ownership was completed in the name of K as the senior grandchild of J.

C. On October 7, 1974, the land before subdivision was divided into nine parts: nine parts and two parts and one part of the M Forest, one part of the N Forest, and one part of the O Forest.

After that, following the division, the completion of reclamation, the conversion of the area into the administrative district, etc., the above L forest was 9,037 square meters of the private land in Cheongju-si Pland in Cheongju-si (hereinafter referred to as “non-case land,” and the entry of the land to the Eup hereinafter referred to as “Eup”), etc. The above N forest was 942 square meters prior to Qua (the land indicated in paragraph (1) of the attached Table 1; hereinafter referred to as “No. 1 land”); the above O forest was 1,745 square meters prior to RR (the land indicated in paragraph (2) of the attached Table 2; hereinafter referred to as “No. 2 land”); the above M forest was 1,864 square meters prior to S (the land indicated in paragraph (3) of the attached Table 3; hereinafter referred to as “land indicated in the attached Table 1, 2, and 3 collectively referred to as “each of the instant land”).

K died on November 23, 2007, and the Defendants are their children.

E. On March 10, 2014, the registration of ownership transfer was completed in the name of Defendant B, C, and D on November 23, 2007 due to the inheritance by agreement division.

F. On June 29, 1998, the registration of transfer of ownership was completed on the ground of donation on June 24, 1998 in the name of Defendant E.

G. As to the third land, on December 24, 2003, the registration of ownership transfer was completed in the name of Defendant F on December 18, 2003 on the ground of donation.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s cause of the Plaintiff’s claim is under a title trust with respect to the land before subdivision, which is the final cause, and under the J’s name.

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