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Reasons
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(영문) 대전고등법원 2019.01.16 2018나11303
소유권이전등기
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C 17 years old, “Z” established “E”, “F”, and “G” with their children, and “E” established “H”, “I”, and “J” with their children.

The children of “H” are the 20-year-old grandchildren, 21-year-old grandchildren, and L, 22-year-old grandchildren, 22-year-old grandchildren, and N.

M adopted the “M” 23 years old son, the son, from among the five sons of “N” due to lack of children.

B. Each real estate listed in the separate sheet Nos. 1 through 11 was registered in the name of each Defendant on May 4, 2010; and each real estate listed in paragraphs 12 and 13 of the same list was registered on April 14, 2014.

(hereinafter referred to as "the real estate of this case" in the attached list). 【No dispute exists, Gap evidence 7, Eul evidence 1 (including each number; hereinafter the same shall apply)

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff is a clan consisting of descendants of C22 years of age, and the Defendant is also a common vessel around 2007, in order to facilitate the receipt of compensation for the expropriation of real estate owned by the clans (17 years of age referred to as “Z”), AB, A8 years of age (or V, 18 years of age referred to as “E”) and the Plaintiff (22 years of age,” as a common vessel; hereinafter referred to as “YA”) in order to facilitate the receipt of compensation for the expropriation of real estate owned by the clans.

(2) The real estate of this case is owned by the Plaintiff as compensation for the real estate owned by the Plaintiff, and is entrusted only to the Defendant. Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of delivery of a copy of the complaint of this case. (2) The Defendant’s assertion that the real estate of this case is a clan comprised of descendants C19 years old, 22 years old, and N’s descendants, all of which are the clans, 22 years old, and NA’s descendants, and the Y consisting of descendants of “M” and “N,” and the Y-type, comprised of descendants of “N” and “N”, is separate from the Defendant in the middle of the lawsuit.

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